Tillery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL EURELLE JACQUES, No. 2:23-cv-0079 KJN P Plaintiff, v. ORDER AND ORDER TO SHOW CAUSE D. TILLERY, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. The U.S. Marshal notified the court that Tillery is deceased. Plaintiff was directed to file a motion for substitution. Plaintiff subsequently requested the appointment of counsel to assist plaintiff in filing probate forms and motion for substitution of a party. As discussed below, because a motion for substitution of a party would be futile, plaintiff’s request for counsel is denied, and plaintiff is ordered to show cause why this action should not be dismissed. Plaintiff’s Complaint In the January 13, 2023 complaint, plaintiff raises one retaliation claim against defendant D. Tillery, Correctional Officer at Mule Creek State Prison (“MCSP”). Plaintiff transferred from High Desert State Prison (“HDSP”) to…