Hill v. Hall et al

Filing 29

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/12 GRANTING 27 Motion for Extension of time. Plaintiffs requests for written discovery must be served no later than May 23, 2012.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH HILL,
Plaintiff,

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vs.

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No. CIV S-10-1896 MCE EFB P

J. HALL, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. The February 29, 2012 discovery and scheduling order set April 23, 2012, as the

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date by which all written requests for discovery were to be served. Dckt. No. 24. On April 26,

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2012, plaintiff moved to extend that deadline by 30 days because of a lockdown, lack of access

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to his legal property and the law library, and a change of address. Dckt. No. 27. Defendants did

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not respond to plaintiff’s request.

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A scheduling order may be modified upon a showing of good cause. Fed. R. Civ. P.

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16(b). Good cause exists when the moving party demonstrates he cannot meet the deadline

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despite exercising due diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th

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Cir. 1992). Good cause appearing, plaintiff’s request to modify the scheduling order, Dckt. No.

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27, is granted, and plaintiff’s requests for written discovery must be served no later than May 23,

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2012.

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So ordered.

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DATED: May 21, 2012.

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