Fernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE VERNE ELLESBURY, No. 2: 18-cv-2744 KJM KJN P Plaintiff, v. ORDER J. FERNANDEZ, 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 are plaintiff’s June 8, 2020 motions to modify the scheduling order and for a hearing. (ECF Nos. 76, 77.) Defendants have not opposed these motions. For the reasons stated herein, plaintiff’s motion to modify the scheduling order is granted. Plaintiff’s motion for a hearing is denied. Motion to Modify the Scheduling Order Pursuant to Rule 16(b), a scheduling order “may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The “good cause” standard “primarily considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). The court may modify the scheduling…