Ullery

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY DEWAYNE LEE TURNER, No. 2:22-cv-0002 TLN KJN P 12 Plaintiff, 13 v. ORDER AND ORDER TO SHOW CAUSE 14 MICHAEL ULLERY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff filed a motion to amend, which 18 defendants oppose, and defendants filed a motion to stay this action until the court addresses 19 plaintiff’s motion to amend and, if the motion is granted, vacate the scheduling order. As set 20 forth below, plaintiff’s motion to amend is granted, and, accordingly, the discovery and 21 scheduling order is vacated. 22 Background 23 On December 23, 2021, plaintiff filed his civil rights complaint against defendants Ratton, 24 Ullery and Nouged. Defendants filed an answer, and on July 18, 2022, a pretrial discovery and 25 scheduling order issued. (ECF Nos. 23, 29.) On August 22, 2022, plaintiff requested leave to 26 amend; it was denied based on plaintiff’s failure to provide a proposed amended complaint. (ECF 27 Nos.…