Lawrence

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEMETRIS D. LAWRENCE,

Plaintiff, No. 2:23-cv-01717-TLN-JDP

13 v. ORDER DANIEL DRISCOLL, Secretary, 15 Department of the Army, 16 Defendant.

This matter is before the Court on Defendant Daniel Driscoll’s (“Defendant”) Motion to Dismiss. (ECF No. 16.) Plaintiff Demetris D. Lawrence (“Plaintiff”) filed an opposition. (ECF No. 22.) Defendant filed a reply. (ECF No. 25.) For the reasons set forth below, Defendant’s motion is GRANTED in part and DENIED in part. /// /// ///

Pursuant to Federal Rule of Civil Procedure (“Rule”) 25(d), “[t]he officer’s successor is 26 automatically substituted as a party” when a public officer “ceases to hold office while the action is pending.” Fed. R. Civ. P. 25(d). Accordingly, Daniel Driscoll is automatically substituted as a party for Christine Wormuth, the former Army Secretary. The Clerk of the Court is directed to update the docket as necessary. I. FACTUAL AND PROCEDURAL BACKGROUND2 …