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Beagle v. Gooch

filed*fn*: December 2, 1992.

HARVEY L. BEAGLE, II, PLAINTIFF-APPELLANT,
v.
ROGER GOOCH; BARBARA NELSON, DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the Western District of Washington. D.C. No. CV-90-5013-WLD. William L. Dwyer, District Judge, Presiding

Before: Schroeder, Fletcher, and Noonan, Circuit Judges.

MEMORANDUM

Harvey Beagle, a Washington state prisoner, appeals following the district court's summary judgment dismissing his civil rights action. Beagle contends the district court erred by denying (1) Beagle's motion to amend his complaint, (2) his motion to consolidate this action with his other pending actions, and (3) his request for additional discovery prior to summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court's actions for abuse of discretion. Texaco, Inc. v. Ponsoldt, 939 F.2d 794, 798 (9th Cir. 1991) (denial of motion for leave to amend complaint); NLRB v. Yuba Natural Resources, Inc., 824 F.2d 706, 710 (9th Cir. 1987) (denial of motion to consolidate); Harris v. Duty Free Shoppers Ltd. Partnership, 940 F.2d 1272, 1276 (9th Cir. 1991) (denial of request for additional discovery prior to summary judgment). We affirm.

I

Background

Beagle, who had been convicted of first degree incest, was paroled by the Indeterminate Sentence Review Board ("Board") on February 10, 1987. Community Corrections Officer Barbara Nelson charged Beagle with violating his parole. Following a hearing at which Deputy Roger Gooch testified, the Board revoked Beagle's parole.

Beagle filed a 42 U.S.C. § 1983 action against Nelson and Gooch, alleging they had violated his constitutional rights by conspiring "to create an incident, manufacture evidence and disregard the mandate of law." Gooch moved for summary judgment, and Beagle opposed. Nelson then moved for summary judgment. In response, Beagle moved to consolidate several cases or to amend his complaint to add defendants. Beagle then opposed Nelson's summary judgment motion.

The magistrate Judge recommended that the district court deny Beagle's motion to amend and to consolidate and grant Gooch's and Nelson's motions for summary judgment. The district court adopted the magistrate Judge's report and recommendation and granted summary judgment.*fn1

II

Motion to Amend

Beagle contends the district court erred by denying his motion to amend his complaint to include additional claims. This contention lacks merit.

Fed. R. Civ. P. 15(a) states that leave to amend "shall be freely given when Justice so requires." Valid reasons for denying leave to amend include undue delay, bad faith or dilatory motive, prejudice, and futility. Foman v. Davis, 371 U.S. 178, 182 (1962). Here, Beagle's action had been litigated for 22 months before Beagle sought leave to amend his complaint to include additional defendants. The district court found that Gooch and Nelson, along with numerous defendants in other actions, had made efforts to resolve the disputes with Beagle, and, therefore, it would be inappropriate to allow Beagle to amend his complaint. Given these circumstances, the district court did not abuse its discretion by denying Beagle leave to amend. See id.; McGlinchy v. Shell Chemical Co., 845 F.2d 802, 809 (9th Cir. 1988) (district court properly denies leave to amend where there is undue delay or prejudice to opposing party).

III

Motion to ...


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