Augustus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 C. DWAYNE GILMORE, ) Case No.: 1:12-cv-00925-NONE-SAB (PC) ) Plaintiff, ) ) ORDER DIRECTING PLAINTIFF TO SUBMIT v. ) PROOF OF SERVICE OF MOTION TO

SUBSTITUTE OR PROPERLY SERVE THE

C. LOCKARD, et al., ) MOTION TO SUBSTITUTE ) Defendants. ) [ECF No. 275] ) ) )

Plaintiff C. Dwayne Gilmore is a state prisoner proceeding in this civil rights action pursuant to 42 U.S.C. § 1983. On March 11, 2020, Plaintiff filed a motion for substitution of Defendant Johnny “JJ” Torres. (ECF No. 275.) In addition to the substantive requirements, a motion to substitute must be properly served upon the substituted party. Fed. R. Civ. P. 25(a)(3). Rule 25(a)(3) specifically provides: “A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4.” Fed. R. Civ. P. 25(a)(3). Here, irrespective of the…