Lizarraga

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DELGADO, No. 2:19-cv-1540 KJM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 JOE A. LIZARRAGA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 18 U.S.C. § 1983. On May 20, 2020, counsel for defendants Barton and Scheurer filed a suggestion 19 of death upon the record as to defendant Negrete. A suggestion of death upon the record 20 pertaining to the death of defendant Negrete was filed on June 3, 2020. Pursuant to Federal Rule 21 of Civil Procedure 25, a motion for substitution of a proper party must be made no later than 22 ninety days after the death is suggested upon the record. That time period has now expired, and 23 no motion for substitution has been filed. Therefore, defendant Negrete must be dismissed. Weil 24 v. Investment/Indicators, Research and Management, Inc., 647 F.2d 18, 21 n. 5 (9th Cir.1981); 25 Fed. R. Civ. P. 25(a)(1). 26 Accordingly, IT…