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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LANCE WILLIAMS, No. 2:18-CV-0740-MCE-DMC-P Plaintiff, v. ORDER D. JUST, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for a Peavy hearing (ECF No. 81). For the reasons discussed below, plaintiff’s motion is denied. 20 I. BACKGROUND This action proceeds on plaintiff’s civil rights complaint, filed on April 3, 2018 against defendants D. Just and T. Villescaz. See ECF No. 1. On February 15, 2019, the Court issued its scheduling order, establishing a period of time for discovery and setting a deadline for submission of dispositive motions. See ECF No. 24. On August 26, 2019, defendant Villescaz filed a motion for summary judgement. See ECF No. 47. In his motion, Villescaz argued that plaintiff failed to exhaust his administrative remedies through the grievance…