Burns

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAAC DURAN, Case No. 1:21-cv-01290-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS THIS ACTION PURSUANT TO

v.

FEDERAL RULE OF CIVIL PROCEDURE

J. BURNS, et al., 25(a)(1)1 Defendants. (Doc. No. 55)

FOURTEEN-DAY OBJECTION PERIOD Pro se Plaintiff, a former prisoner, was proceeding on his complaint alleging an Eighth Amendment claim for excessive use of force stemming from events that occurred on or about October 15, 2019. (Doc. Nos. 24, 25, 26, 27). On June 21, 2024, Defendants filed an Amended Suggestion of Death Upon the Record Under Rule 25(a)(1), noting Plaintiff Duran is deceased. (Doc. No. 33, “Suggestion”). On June 26, 2024, the Court granted Defendants an extension of time until October 3, 2024 to file a response to the operative complaint to permit for substitution. (Doc. No. 35). As of the date of these Findings and Recommendations, no party has filed…