Palagummi
(PC) Givens v. Palagummi
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCOIS P. GIVENS, No. 2:19-cv-0017 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al., Defendants. 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff filed a motion to compel defendants to file a suggestion of death on the record for defendant Dr. Harry Newman and provide information to enable plaintiff to file a motion to substitute decedent’s successor or representative under Rule 25(a) of the Federal Rules of Civil Procedure. (ECF No. 49.) Plaintiff also filed a motion to stay these proceedings pending the filing and resolution of such motion for substitution. (ECF No. 50.) Defendants Chapnick, DeHerrera and Palagummi opposed the motions; plaintiff filed a reply. As discussed below, the undersigned recommends that plaintiff’s motions be denied. Death of Dr. Newman On December 10, 2020, a notice was filed advising the…