Calloway v. Kelley et al

Filing 75

ORDER DENYING Plaintiff's 68 Motion Amend Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 11/17/14. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMISI JERMAINE CALLOWAY, 12 13 14 15 Plaintiff, v. G. KELLEY, et al., Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-01090-LJO-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION TO AMEND SCHEDULING ORDER [ECF No. 68] Plaintiff Jamisi Jermaine Calloway is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Now pending before the Court is Plaintiff’s motion to amend the scheduling order to extend 20 the date to amend the pleadings, filed October 2, 2014. Although Defendants did not file an 21 opposition to Plaintiff’s request, it must be denied on the basis of lack of good cause. 22 Modification of the pretrial scheduling order requires a showing of good cause. Fed. R. Civ. P. 23 16(b)(4). AThe schedule may be modified >if it cannot reasonably be met despite the diligence of the 24 party seeking the extension.=@ Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th 25 Cir. 2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)). AIf 26 the party seeking the modification >was not diligent, the inquiry should end= and the motion to modify 27 should not be granted.@ Id. 28 1 On April 15, 2014, the Court issued an amended discovery and scheduling order, which set the 1 2 deadline to amend the pleadings as October 13, 2014. In the instant motion, Plaintiff fails to demonstrate good cause to justify amendment of the 3 4 scheduling order to extend the date to amend the pleadings. The only basis provided by Plaintiff is 5 that discovery may lead to Defendants not yet known to Plaintiff. Such conclusory allegations are 6 insufficient, at this juncture, to warrant extension of the date to amend the pleadings. Accordingly, Plaintiff’s request to extend the deadline to amend the pleadings is DENIED. 7 8 IT IS SO ORDERED. 9 Dated: 10 November 17, 2014 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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