Viss

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THOMAS JOHN HEILMAN, ) Case No.: 1:19-cv-01654-NONE-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING DISMISSAL OF ACTION

PURSUANT TO FEDERAL RULE OF CIVIL

C. VISS, et.al., ) PROCEDURE 25 ) Defendants. ) (ECF No. 26) ) ) ) )

Plaintiff Thomas John Heilman was a state prisoner appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action has been pending since August 2019. On September 18, 2020, Defendants filed a statement of fact of Plaintiff's death on the record, and Plaintiff’s successor in interest, Michael A. Heilman. Fed. R. Civ. P. 25. Rule 25(a)(1) provides: If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or 24 representatives of the…