KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on Plaintiff's
Plaintiff proceeds pro se in this matter. Both of his Motions to Amend seek the same relief: adding Kevin L. Milyard ("Milyard"), Warden for Sterling Correctional Facility, as a Defendant in this matter. In the First Motion to Amend, Plaintiff seeks leave to amend his complaint pursuant to Fed. R. Civ. P. 15(a)(2). In the Second Motion to Amend, he seeks leave to add a defendant pursuant to Fed. R. Civ. P. 20(a)(2)(A).
The Court has discretion to grant a party leave to amend his pleadings. Foman v. Davis, 371 U.S. 178, 182 (1962); see Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires."). "In the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc. — the leave sought should, as the rules require, be `freely given.'" Id. (quoting Fed. R. Civ. P. 15(a)(2)). Potential prejudice to a defendant is the most important factor in considering whether a plaintiff should be permitted to amend his complaint. Minter v. Prime Equip. Co., 451 F.3d 1196, 1207 (10th Cir. 2006). "Courts typically find prejudice only when the [proposed] amendment unfairly affects the defendants in terms of preparing their defense to [claims asserted in the] amendment." Id. (quotation omitted).
Pursuant to Fed. R. Civ. P. 20(a)(2), "[p]ersons . . . may be joined in one action as defendants if . . . any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrence; and . . . any question of law or fact common to all defendants will arise in the action."
After carefully reviewing Plaintiff's Amended Prisoner Complaint [#3] and Proposed Second Amended Prisoner Complaint [#33-1], the Court agrees with Plaintiff that the proposed amendment meets the requirements of Fed. R. Civ. P. 20(a)(2) by alleging conduct by Milyard in connection with the events underlying this lawsuit, i.e., the decisions made by various personnel to place and leave Plaintiff in administrative segregation. Plaintiff does not add any new claims against the Defendants already named in the Amended Prisoner Complaint [#3]. Thus, those Defendants will not be prejudiced by allowing the filing of the Second Amended Prisoner Complaint. Moreover, this case is still in its early stages, and Defendants have ample time to prepare their defenses.
The Court also finds that Plaintiff has demonstrated good cause for amending his Amended Prisoner Complaint [#3]. He states that he only "discovered that it was necessary to include Kevin L. Milyard as a defendant while preparing his response to [the] Motion to Dismiss," at which time he discovered that "Milyard was the individual that denied Plaintiff's Offender appeal." Second Motion to Amend [#34] at 2. Discovery of new facts constitutes good cause for timely amendment.
For the foregoing reasons, and considering that leave to amend should be freely given,
IT IS HEREBY
IT IS FURTHER
IT IS FURTHER
IT IS FURTHER
IT IS FURTHER
IT IS FURTHER