Stribling v. Lucero

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/17 GRANTING 16 Motion for Extension of time; The parties may conduct discovery until April 14, 2017. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 shall be served not later than February 24, 2017.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON STRIBLING,

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Plaintiff,

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No. 2:16-cv-1438-GEB-EFB P

v.

ORDER

LUCERO,

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Defendant.

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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. He requests an extension of time to serve discovery requests because he recently

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transferred to a new prison and was deprived of his legal materials for over a month. ECF No.

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16. The court construes plaintiff’s requests as one to modify the scheduling order.1
Good cause appearing, plaintiff’s request for an extension of time, which the court

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construes as a motion to modify the scheduling order (ECF No. 16), is granted as follows: The

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parties may conduct discovery until April 14, 2017. Any motions necessary to compel discovery

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A scheduling order may be modified upon a showing of good cause. Fed. R. Civ. P.
16(b). Good cause exists when the moving party demonstrates he cannot meet the deadline
despite exercising due diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th
Cir. 1992).
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shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36

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shall be served not later than February 24, 2017. The Clerk shall terminate docket number 16.

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So ordered.
DATED: February 13, 2017.

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