Wagner

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:20-cv-00267-WBS-CKD P Plaintiff, v. ORDER D. WAGNER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is plaintiff’s motion for leave to file a second amended complaint along with proposed second amended complaint; defendant Wagner’s motion to compel discovery responses from plaintiff; and plaintiff’s motion to modify the discovery and scheduling order issued on April 14, 2021. ECF Nos. 38-39, 41, 42. The court will address each motion in turn. I. Procedural Background In screening the original complaint in this case, the court gave plaintiff the option of proceeding on a First Amendment retaliation claim against defendant Wagner or of amending his complaint to attempt to cure the deficiencies with respect to the remaining claims and…