Lyons

I. BACKGROUND

19 Allen Hammler (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 21 First Amended Complaint filed on April 3, 2019, against defendant A. Lucas (Appeals 22 Coordinator) for retaliation, and violation of freedom of speech under the First Amendment. 23 (ECF No. 12.) 24 On August 26, 2021, the court issued a Discovery and Scheduling Order establishing 25 pretrial deadlines for the parties, including a deadline of November 26, 2021 for filing exhaustion 26 motions. (ECF No. 41.) On November 17, 2021, Defendant Lucas filed an ex parte application 27 to modify the Discovery and Scheduling Order to extend the exhaustion motions filing deadline 28 to January 10, 2022. (ECF No. 46.) II. MOTION TO MODIFY SCHEDULING ORDER Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P. 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the modification of a scheduling…