(PC)Pryer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DESMOND PRYER, Case No. 1:23-cv-00167-BAM (PC) 12 Plaintiff, ORDER DENYING IN PART

DEFENDANT’S MOTION TO MODIFY

13 v. SCHEDULING ORDER AND FOR LEAVE

TO FILE EXHAUSTION MOTION

14 BOTT, (ECF No. 43) 15 Defendant. Exhaustion Motion Deadline: April 11, 2024 16 17 I. Background 18 Plaintiff Desmond Pryer (“Plaintiff”) is a state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended 20 complaint against Defendant Bott (“Defendant”) for deliberate indifference to conditions of 21 confinement in violation of the Eighth Amendment. All parties have consented to Magistrate 22 Judge jurisdiction. (ECF Nos. 11, 17.) 23 Pursuant to the Court’s June 2, 2023 discovery and scheduling order, the deadline for 24 filing motions for summary judgment under Federal Rule of Civil Procedure 56 for failure to 25 exhaust administrative remedies was October 2, 2023. (ECF No. 26.) The…