(PC) Jacques v. Fererkins ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL E. JACQUES, No. 2:21-cv-0144 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 B. FERERKINS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On February 28, 2022, the undersigned recommended that defendant 19 Freriks be dismissed because plaintiff did not file a motion for substitution within ninety days 20 after defendant’s death was suggested on the record on November 23, 2021. (ECF No. 37.) 21 On March 2, 2022, plaintiff filed a motion for a ninety-days extension of time to file the 22 motion for substitution. (ECF No. 39.) The grounds of this request are that plaintiff’s law library 23 access was terminated on January 4, 2022, due to an outbreak of COVID-19. Plaintiff contends 24 that he requires law library access in order to determine the procedure for filing a motion for 25 substitution. On March 7, 2022, plaintiff also filed objections to the February 28, 2022 findings 26 and recommendations. (ECF No. 40.) 27 Good cause appearing, the February 28, 2022 findings and recommendations are vacated. 28 Plaintiff is granted sixty days from the date of this order to file a motion for substitution regarding 1 | defendant Freriks. See Zanowick v. Baxter Healthcare Corporation, 850 F.3d 1090, 1094 (9th 2 | Cir. 2017) (explaining that “Rule 6(b) ‘works in conjunction with Rule 25(a)(1) to provide the 3 || intended flexibility in enlarging the time for substitution.””) (citation omitted). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The February 28, 2022 findings and recommendations (ECF No. 37) are vacated; 6 2. Plaintiff's motion for an extension of time (ECF No. 39) is granted; 7 3. Plaintiff granted sixty days from the date of this order to file a motion for 8 substitution. 9 | Dated: March 11, 2022 0 Foci) Aharon ONITED STATES MAGISTRATE JUDGE D jacq0 144.36 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28