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Bardo v. Tilton

United States District Court, E.D. California
Dec 27, 2010
No. 2:07-cv-02558-MMM (E.D. Cal. Dec. 27, 2010)

Opinion

No. 2:07-cv-02558-MMM.

December 27, 2010


ORDER GRANTING LEAVE TO AMEND


Robert J. Bardo, a California prisoner incarcerated at Mule Creek State Prison, seeks leave to amend his complaint under Federal Rule of Civil Procedure 15(a)(2) in this pro se civil rights action. In light of Rule 15(a)(2)'s liberal amendment policy, Bardo's motion to amend is granted. See DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987) (Rule 15(a) is to be applied with "extreme liberality") (internal quotation marks omitted). In permitting Bardo to file an amended complaint, however, the court takes no position whether the amended complaint will survive a motion to dismiss. Defendants may raise again the arguments presented in opposition to Bardo's motion to amend at the appropriate time. Defendants have also asserted qualified immunity as a defense, an issue not yet briefed by Bardo, and the court will entertain that defense on the filing of a motion by Defendants.

IT IS ORDERED

Bardo's motion for leave to amend is granted. The clerk of court shall file the amended complaint, attached as Exhibit A to the motion for leave to amend [Dkt. #59]. Pursuant to Local Rule 220, Exhibits 1-3 of Bardo's superceded complaint [Dkt. #10] shall be filed as exhibits to the amended complaint.

Dated: December 23, 2010


Summaries of

Bardo v. Tilton

United States District Court, E.D. California
Dec 27, 2010
No. 2:07-cv-02558-MMM (E.D. Cal. Dec. 27, 2010)
Case details for

Bardo v. Tilton

Case Details

Full title:ROBERT J. BARDO, Plaintiff, v. JAMES TILTON, ET AL., Defendants

Court:United States District Court, E.D. California

Date published: Dec 27, 2010

Citations

No. 2:07-cv-02558-MMM (E.D. Cal. Dec. 27, 2010)