Lee v. Scribner et al

Filing 76

ORDER Granting Defendant's Motion to Modify Scheduling Order 75 , signed by Magistrate Judge Barbara A. McAuliffe on 6/15/12. Dispositive Motion Due 7/2/2012. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BOBBY LEE, CASE NO. 1:05-cv-00802-LJO-BAM PC 10 Plaintiff, 11 v. 12 ORDER GRANTING DEFENDANT’S MOTION TO MODIFY THE SCHEDULING ORDER DR. WAGNER, (ECF No. 75) DISPOSITIVE MOTION DUE JULY 2, 2012 13 Defendant. / 14 15 Plaintiff Bobby Lee (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 16 in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s 17 second amended complaint, filed June 1, 2009, against Defendant Wagner for deliberate indifference 18 to medical needs in violation of the Eighth Amendment. A discovery and scheduling order issued 19 on August 9, 2011, setting the dispositive motion deadline in this action for June 18, 2012. (ECF 20 No. 54). On June 14, 2012, Defendant filed a motion to modify the scheduling order. (ECF No. 75.) 21 Defendant has requested a two week extension of the dispositive motion deadline due to a 22 scheduling conflict preventing finalizing Defendant’s declaration in support of the motion. 23 Defendant has shown good cause to amend the scheduling order. Accordingly, good cause having 24 been found, it is HEREBY ORDERED that Defendant’s motion to amend the scheduling order shall 25 be GRANTED and Defendant’s dispositive motion shall be due on or before July 2, 2012. 26 27 IT IS SO ORDERED. Dated: cm411 June 15, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 28 1

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