Davey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No. 1:16-cv-01658-JLT (PC)

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO MODIFY DISCOVERY AND

v. SCHEDULING ORDER

D. DAVEY, et al., (Doc. 72) Defendants.

16 Defendants filed a motion seeking modification of the Court’s Discovery and Scheduling Order (Doc. 69) to extend the deadline for filing a motion to dismiss based on failure to exhaust administrative remedies by sixty days, or through April 30, 2021. (Doc. 72.) Defendants argue that good cause exists for their inability to meet a March 1, 2021, deadline to file a motion for summary judgment based on the exhaustion requirement. (Id.) Plaintiff filed a response in opposition, to which Defendants filed a reply. (Docs. 73, 74.) Under the Prison Litigation Reform Act, the failure to exhaust administrative remedies is an affirmative defense that defendants must plead and prove. Jones v. Bock, 549 U.S. 199, 216 (2007)…