Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH DELGADO, No. 2:19-cv-1540 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOE A. LIZARRAGA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. § 1983. On May 20, 2020, counsel for defendants Barton and Scheurer filed a suggestion of death upon the record as to defendant Negrete. A suggestion of death upon the record pertaining to the death of defendant Negrete was filed on June 3, 2020. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a proper party must be made no later than ninety days after the death is suggested upon the record. That time period has now expired, and no motion for substitution has been filed. Therefore, defendant Negrete must be dismissed. Weil v. Investment/Indicators, Research and Management, Inc., 647 F.2d 18, 21 n. 5 (9th Cir.1981); Fed. R. Civ. P. 25(a)(1). Accordingly, IT…