Lucero

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON STRIBLING, No. 2:16-cv-01438-TLN-JDP Plaintiff, v. ORDER LUCERO, Defendant. 16 This matter is before the Court on Defendant Lucero’s (“Defendant”) Notice of Plaintiff’s Death and Request for Dismissal of Action with Prejudice. (ECF No. 44.) For the reasons discussed herein, Defendant’s Request is GRANTED. /// /// /// /// /// /// /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND On June 24, 2016, Plaintiff Aaron Stribling (“Plaintiff”) commenced this action pursuant to 42 U.S.C. § 1983, asserting a single cause of action against Defendant for excessive force in violation of the Eighth Amendment. (See ECF No. 38 at 1.) Plaintiff claims that, while he was being transported via bus to another state prison, he had a dispute with Defendant about being provided water and Defendant grabbed him by the collar and repeatedly shook him. (Id. at 2–5.) The matter was initially set for…