Martinez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN RAY BRUMMETT, JR., Case No. 1:21-cv-00086-BAM (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO REOPEN DISCOVERY AND TO AMEND

13 v. SCHEDULING ORDER 14 MARTINEZ, (ECF No. 108) 15 Defendant. 16 17 Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and 18 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have 19 consented to Magistrate Judge jurisdiction. (ECF No. 105.) This case is set for a jury trial on 20 October 16, 2024, on Plaintiff’s claims against Defendant Martinez (“Defendant”) for retaliation 21 in violation of the First Amendment and deliberate indifference to risk of harm in violation of the 22 Eighth Amendment. 23 Currently before the Court is Plaintiff’s motion to reopen discovery and to amend the 24 scheduling order, filed April 24, 2024. (ECF No. 108.) Defendant filed an opposition on May 9, 25 2024. (ECF No. 109.) Although the deadline…