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 plaintiff’s motion to modify the scheduling order filed March 16, 2021, pursuant to the mailbox rule. (ECF No. 79.) In this motion, plaintiff seeks an extension of time to file a motion to compel and a dispositive motion. For the reasons stated herein, plaintiff’s motion to modify the scheduling order is granted. Legal Standard The court will modify dates set forth in a scheduling order only upon a showing of good cause by the moving party. Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992). The “good cause” standard “primarily considers the diligence of the party seeking the amendment.” 975 F.2d at 609. //// //// 1 …