ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Several matters are pending before the court.
First, both plaintiff and defendants have filed pretrial statements.
Second, plaintiff has filed a request to re-open the time for the parties to conduct discovery and file pretrial motions in this case. (Doc. No. 51) He has also filed a motion for summary judgment. (Doc. No. 50) Defendants have opposed plaintiff's motion to modify the scheduling order in this case on the grounds that he has not established good cause. (Doc. No. 56) Plaintiff has filed a reply and emphasizes that he is not an attorney or trained in the law, and the court is required to grant him leeway with respect to procedural rules he encounters for the first time. (Doc. No. 60)
Under Rule 16 of the Federal Rules of Civil Procedure, the court may modify the scheduling order for "good cause." Fed. R. Civ. P. 16(b)(4). The "good cause" standard "primarily considers the diligence of the party seeking the amendment."
In this case, plaintiff has not established good cause to modify the court's discovery and scheduling order. Specifically, plaintiff has not described what efforts he undertook to meet the deadlines for discovery and pretrial motions that this court previously set in this action. Nor has plaintiff explained why he delayed more than a year after those deadlines passed to file his pending motion. Accordingly, the court will deny plaintiff's motion to modify the discovery and scheduling order in this case and strike plaintiff's motion for summary judgment as filed out of time.
Third, prior to the first settlement conference in this case in June 2015, plaintiff filed a "motion for expedited transportation" and made clear that he did not want any layovers during his transportation to and from the court. (Doc. No. 40) As an initial matter, the court did not receive plaintiff's motion until the day of the settlement conference. Moreover, to this court's knowledge, plaintiff arrived at the court for the settlement conference and returned to his institution of incarceration in a timely manner. In any case, plaintiff is advised that this court is loath to interfere with day-to-day transportation operations.
Finally, plaintiff has filed a "motion to cease and desist" in which he complains that defendants have implemented a plan of "institutional terrorism" against him and identified him as a target for inmate retaliation. (Doc. No. 42) He requests a court order to remove certain prison officials from the "C yard." (
This court has also construed plaintiff's motion as a motion for preliminary injunctive relief. Shortly after plaintiff filed his motion, he filed a notice of change of address reflecting his transfer from Sierra Conservation Center ("SCC") to Pleasant Valley State Prison ("PVSP"). (Doc. No. 44) To date, plaintiff remains incarcerated at PVSP and thus, he is no longer subject to the alleged unlawful conditions he complained of at SCC.
Accordingly, IT IS HERBY ORDERED that:
1. Plaintiff's motion for an extension of time (Doc. No. 47) is granted nunc pro tunc. Plaintiff's pretrial statement is deemed timely filed;
2. Within fourteen days of the date of this order, plaintiff shall inform the court as to whether he is willing to participate in a second court-supervised settlement conference;
3. Plaintiff's motion to modify the discovery and scheduling order in this case (Doc. No. 51) is denied;
4. Plaintiff's motion for summary judgment (Doc. No. 50) is stricken as having been filed out of time;
5. Plaintiff's motion for expedited transportation (Doc. No. 40) is denied as having been rendered moot; and
6. Plaintiff's motion to cease and desist, construed as a motion for preliminary injunctive relief, (Doc. No. 42) is denied as having been rendered moot.