Gates

I. BACKGROUND

20 Stanley H. Solvey (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 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 23 (“Defendant”) for refusing to provide Plaintiff with sufficient pain medication as he awaited surgery, in violation of the Eighth Amendment. (ECF No. 14.) 25 On May 20, 2022, Plaintiff filed an opposition to Defendant Zepp’s motion to modify the 26 Scheduling Order, which the Court construes as a motion for reconsideration of the Court’s order issued on May 11, 2022, which granted Defendant Zepp’s motion to modify the Scheduling Order 28 to extend the deadline for filing dispositive motions. (ECF No. 52.) II. MOTION FOR RECONSIDERATION Rule 60(b) allows the Court to relieve a party from an order for “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously…