Lamon v. Director, California Department of Corrections

1 Citing case

  1. Tungjunyatham v. Johanns

    CASE NO. 1:06-cv-01764-SMS (E.D. Cal. Apr. 11, 2011)   Cited 1 times

    "A plaintiff may not use his opposition to a motion for summary judgment, filed long after the answers were filed in this case, as a vehicle to amend his complaint to file additional claims." Aidnik v. California Department of Corrections and Rehabilitation, 2010 WL 5059691 at *3 (E.D. Cal. December 6, 2010) (No. CIV S-09-0154 FCD); Lamon v. Director, California Department of Corrections, 2010 WL 3448593 at * 7 (E.D. Cal. September 1, 2010), findings and recommendations adopted by 2010 WL 5418871 (E.D.Cal. December 23, 2010) (No. CIV S-06-0156 GEB). Had Plaintiff moved for leave to amend, granting or denying the motion would have been a matter in the sound discretion of this Court. Swanson v. United States Forest Service, 87 F.3d 339, 343 (9th Cir. 1996).