CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARL DEAN CHRISTIAN, JR., No. 2:21-cv-0305 KJN P Plaintiff, ORDER v. H. MACIAS, et al., Defendants. 16 Plaintiff Earl Dean Christian, Jr., brought this action as a state prisoner, proceeding pro se and in forma pauperis. Subsequently, plaintiff was appointed counsel. Plaintiff’s motion to substitute plaintiff’s daughter as successor in interest to decedent Earl Dean Christian, Jr., is before the court. On July 11, 2023, defendants filed a statement of non-opposition to the motion for substitution but asked that the court first rule on the pending motion for summary judgment. First, while the court appreciates defendants’ statement of non-opposition to the motion for substitution because plaintiff died during the pendency of the motion for summary judgment, the court is unable to rule on such motion until the motion for substitution is resolved. Second, despite defendants’ nonopposition, the court is required to ensure that the motion…