Burns

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 4 KAREEM J. HOWELL, Case No. 1:19-cv-00715-NONE-SAB (PC) 5 Plaintiff, FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL OF v. DEFENDANT SEXTON PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE MR. J. BURNS, et al., 25 8 Defendants. (ECF No. 33)

10 Kareem J. Howell (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On March 9, 2021, Defendants filed a statement of fact of Defendant Sexton’s death on the record, and served Defendant Sexton’s successor in interest. (ECF No. 33). 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 17 successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in…