Payne v. Cate

Full title: MYRON A. PAYNE, Plaintiff, v. MATTHEW CATE et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Feb 9, 2015

2:12-cv-0243 DAD P (E.D. Cal. Feb. 9, 2015)

Opinion

MYRON A. PAYNE, Plaintiff, v. MATTHEW CATE et al., Defendants. No. 2:12-cv-0243 DAD P. United States District Court, E.D. California. February 9, 2015.

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking relief under 42 U.S.C. § 1983.

         On January 5, 2015, plaintiff filed a motion to compel. However, according to the court's discovery and scheduling order, the parties were required to file all discovery motions on or before October 31, 2014. Plaintiff has not filed a motion to modify the court's scheduling order. See Johnson v. Mammoth Re-creations, 975 F.2d 604, 608 (9th Cir. 1992). Nor has plaintiff otherwise shown good cause at this late date to modify the scheduling order as required. See id.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to compel (Doc. No. 26) is stricken as untimely.