Miranda
(PC) Fregia v. Miranda
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK FREGIA, No. 2:19-cv-2196 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 P.A. MIRANDA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff filed a motion for 18 extension of time to file and serve an opposition to the October 9, 2020 motion to dismiss filed by 19 defendants Miranda and Ridge. Good cause appearing, plaintiff’s request is granted. 20 In addition, plaintiff objects that the motion attached exhibits, therefore the motion should 21 be construed as a request for summary judgment under Rule 56(f) of the Federal Rules of Civil 22 Procedure. (ECF No. 39 at 2-3.) However, the attachment to the motion is a request for judicial 23 notice, which is authorized under Rule 201(b) of the Federal Rules of Evidence. Id. Moving 24 defendants ask the court to take judicial notice of filings in a case previously filed by plaintiff. 25 Fregia v. St. Clair, No. 1:16-cv-1866 (E.D. Cal.). Such request is properly…