Winkfield

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFF HAWKINS, No. 2:19-cv-1228 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. WINKFIELD, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds pro se and in forma pauperis with a civil rights action. 42 U.S.C. § 1983. On April 14, 2021, defendant Troncoso filed a motion to dismiss alleging that a suggestion of Troncoso’s death was served and filed on plaintiff, and plaintiff failed to file a motion to substitute Troncoso’s successor in interest. As set forth below, defendant Troncoso’s motion should be granted. I. Plaintiff’s Amended Complaint This action proceeds solely on plaintiff’s Eighth Amendment claims against defendants Winkfield, Pendleton, Decker, Troncoso and Whipple based on the alleged use of excessive force on September 28, 2018. (ECF No. 11.) //// 27 Plaintiff alleges the incident took place on August 28, 2018 (ECF No. 10 at 1-2), but his exhibits confirm it occurred…