Carter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL NEAL MILLER, No. 2:21-cv-01981-KJM-EFB P Plaintiff, v. ORDER RUBY CARTER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. Plaintiff asks the court to reopen the discovery period for 90 days. ECF No. 20. Defendants do not oppose the motion. ECF No. 21. Federal Rule of Civil Procedure 16(b)(4) provides: “A schedule may be modified only for good cause and with the judge’s consent.” Courts considering a request to modify a schedule under Rule 16(b)(4) look primarily to the whether the party seeking modification could not reasonably meet the deadline despite his diligence. Johnson v. Mammoth Recreations, 975 F.2d 604, 609 (9th Cir. 1992). While the focus is primarily on the moving party’s diligence, “the existence or degree of prejudice to the party opposing the motion might supply additional reasons to deny” the requested…