Miranda

(PC) Fregia v. Miranda

Good Law
United States District Court, Eastern District of CaliforniaNovember 4, 20202:19-cv-02196California389 words

Opinion

Trial Court Opinion

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

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