Gates

I. BACKGROUND

20 Stanley H. Solvey (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 21 with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 22 First Amended Complaint filed on January 14, 2020, against defendant Dr. Andrew Zepp for 23 refusing to provide Plaintiff with sufficient pain medication as he awaited surgery, in violation 24 of the Eighth Amendment. (ECF No. 14.) 25 On October 14, 2021, the court issued a Discovery and Scheduling Order establishing 26 pretrial deadlines for the parties, including a deadline of May 14, 2022, for filing dispositive 27 motions. (ECF No. 45.) On May 9, 2022, defendant Zepp filed a motion to modify the 28 Scheduling Order. (ECF No. 49.) 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 order must generally show that even with the exercise of due diligence, they…