Bury v. Clark et al

Filing 27

ORDER Granting Plaintiff's 22 Motion to Modify Scheduling Order signed by Magistrate Judge Dennis L. Beck on 01/23/2012. Amend Pleadings due by 1/30/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARRY BURY,

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CASE NO. 1:10-CV-00196-DLB PC
Plaintiff,

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ORDER GRANTING PLAINTIFF’S MOTION
TO MODIFY SCHEDULING ORDER

v.
(DOC. 22)

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KEN CLARK, et al.,

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Deadline To Amend Pleadings: January 30,
2012

Defendants.

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/

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Plaintiff Larry Bury (“Plaintiff”) is a prisoner in the custody of the California Department

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of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s complaint, filed February 8, 2010, against Defendants E. Williams and Moto for

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violation of the Eighth Amendment. Pending before the Court is Plaintiff’s motion to modify the

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schedule, filed December 27, 2011. Doc. 22. The matter is submitted pursuant to Local Rule

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230(l).

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The decision to modify a scheduling order is within the broad discretion of the district

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court. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (quoting Miller

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v. Safeco Title Ins. Co., 758 F.2d 364, 369 (9th Cir. 1985)). Pursuant to Federal Rule of Civil

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Procedure 16, a pretrial scheduling order “shall not be modified except upon a showing of good

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cause,” and leave of court. Fed. R. Civ. P. 16(b)(4); Zivkovic v. S. Cal. Edison Co., 302 F.3d

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1080, 1087-88 (9th Cir. 2002). Although “the existence or degree of prejudice to the party

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opposing the modification might supply additional reasons to deny a motion, the focus of the
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inquiry is upon the moving party’s reasons for seeking modification.” Johnson, 975 F.2d at 609.

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Plaintiff has presented good cause to modify the schedule. Accordingly, it is HEREBY

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ORDERED that Plaintiff’s motion to modify the scheduling order, filed December 27, 2011, is

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granted. The deadline to amend pleadings is January 30, 2012.

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IT IS SO ORDERED.
Dated:
3b142a

January 23, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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