Tucker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERARDO J. GUTIERREZ, No. 2:19-CV-0878-JAM-DMC-P Plaintiff, v. ORDER V. TUCKER, et al., Defendant. 16 Plaintiff, a prisoner proceeding pro se, brought this civil rights action under 42 U.S.C. § 1983. Before the Court are Plaintiff’s father’s motion for substitution of parties and for appointment of counsel. ECF No. 32. For the reasons discussed below, the Court grants substitution but denies appointment of counsel. The Court resets scheduling deadlines by separate order. I. BACKGROUND Plaintiff, formerly a prisoner at California Health Care Facility, filed this civil rights action in May 2019. ECF No. 1. After service of the complaint, Defendant filed an answer. ECF No. 20. Plaintiff, however, passed away on September 27, 2020. ECF No. 32 at 3. The Court was not aware of Plaintiff’s passing until November 17, 2020, when Plaintiff’s father, Mr. Bruno Gutierrez, filed a motion…