Peacock

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 JOSE ROBERTO ZAIZA, CASE NO. 1:19-cv-01475-AWI-HBK (PC)

Plaintiff, ORDER RELIEVING PLAINTIFF

FROM FINAL JUDGMENT AND

v. ORDER, AND REOPENING CASE

PEACOCK, et al., (Doc. Nos. 14 & 15)

Defendants.

11 On June 23, 2021, the Court entered an order adopting findings and recommendations and dismissing Plaintiff Jose Roberto Zaiza’s action as untimely. Doc. No. 14. The same day, a judgment was entered and the case was closed. Doc. No. 15. Thereafter, the Court discovered a mistake of its own. Namely, the findings and recommendations (Doc. No. 11), which the Court adopted in full, did not include consideration of the two-year tolling period that applies where a plaintiff’s claim accrues while he or she is incarcerated for a term of less than life. See Cal. Civ. Proc. Code § 352.1(a); see also Brown v. County of Los Angeles, 830 F. App’x 231, 232 (9th Cir. 2020). The complaint here makes clear that Plaintiff seeks relief on…