Rondel Delbert Gardner v. CSP - LAC

BACKGROUND

20 On August 17, 2020, Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. (Dkt. No. 1.) On January 19, 2022, Plaintiff filed a Second Amended Complaint (“SAC”). (Dkt. No. 66.) The SAC named as defendants: (1) Dr. Lee; (2) Dr. Bernard Ramos; (3) Dr. Gian Hernandez; (4) the “medical staff nurses”; and (5) “any of the doctors that I was referred to,” including ear, nose and throat (ENT) specialist Victor Kitt. (Id. at 3-4.) All defendants were sued in their individual capacity 28 Page citations are to the page numbers assigned by the CM/ECF system in the header. Case 2:20-cv-07519-VBF-AGR Document Filed 03/07/ Page 2 of Page ID #:837

except that Plaintiff did not identify a capacity for the nurses. On June 23, 2022, Defendants filed a Notice of Plaintiff’s death. (Dkt. No. 77.) On June 27, 2022, the magistrate judge issued an order that explained further proceedings under Rule 25 of the Federal Rules of Civil Procedure upon the death of Plaintiff. Specifically, the order explained that a motion for …