Luna

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 GILBERT OSUNA LUNA, G30301, Case No. 22-cv-07280-CRB (PR) Plaintiff, v. ORDER OF DISMISSAL PALACIOS, Correctional Officer, et al., Defendant(s). On February 26, 2024, defendants filed a notice/suggestion of death under Federal Rule of || Civil Procedure 25(a) noting the death of plaintiff on or about February 9, 2024 at Salinas Valley State Prison (SVSP). gq Rule 25 (a) provides that “[i]f a party dies and the claim is not extinguished, the court may || order substitution of the proper party. A motion for substitution may be made by any party or by S || the decedent’s successor or representative. If the motion is not made within 90 days after service || of a statement noting the death, the action by or against the decedent must be dismissed.” To start the 90-day period under Rule 25(a), (1) “a party must formally suggest the death || ofa party upon the record,” and (2) the…