Fletcher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NATHAN WEBSTER, No. 2:24-cv-1479 AC P Plaintiff, v. ORDER FLETCHER, et al., Defendants. 16 On August 8, 2025, defendant filed a motion to dismiss. ECF No. 21. Defendant has now filed a “Notice of Plaintiff’s Status” indicating that according to s Shasta County Sheriff’s Office press release, plaintiff died on September 14, 2025. ECF No. 26. Federal Rule of Civil Procedure provides a process applicable after a party to a civil action has died. Of relevance here, it provides that “[i]f a party dies and the claim is not extinguished, the court may order substitution of a proper party.” Fed. R. Civ. P. 25(a). If the decedent’s successor or representative does not file a motion for substitution “within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.” Id. Under California law—which federal courts apply in determining survival of a claim under 42 U.S.C.…