Tan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERROL LOVELL UNDERWOOD, No. 2:17-CV-0174-KJM-DMC-P Plaintiff, v. ORDER RICHARD TAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 46, for substitution of parties. On October 30, 2019, Defendants submitted an amended notice of suggestion of death of Defendant Egipto, notifying Plaintiff of Defendant Egipto’s death. See ECF No. 30. Under Federal Rule of Civil Procedure 25(a)(1), a civil suit against a deceased party must be dismissed unless a party moves for substitution within 90 days of a service noting death. See Fed. R. Civ. P. 25. After the deceased party is dismissed, the action proceeds with the remaining parties. See Fed. R. Civ. P. 25(a)(2). Plaintiff now moves to substitute the State of California in place of deceased Defendant Egipto. See ECF No. 46. / / / 28 …