Wise

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2: 19-cv-0974 KJM KJN P Plaintiff, v. ORDER D. WISE, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to modify the scheduling order and stay discovery. (ECF No. 27.) For the reasons stated herein, defendants’ motion is denied. This action proceeds on plaintiff’s amended complaint filed August 12, 2019 (ECF No. 12) as to the following claims: 1) defendants Wise and Matteson allegedly violated plaintiff’s Eighth Amendment right to outdoor exercise; 2) defendants Wise, Broadstone and Zuniga allegedly retaliated against plaintiff for threatening to bring a civil rights action in violation of the First Amendment; and 3) defendants Wise, Broadstone, Zuniga and Matteson allegedly violated the California Tort Claims Act. (ECF No. 15.) On February 28,…