Kuersten

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PRIEST, No. 2: 21-cv-0058 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

BENTLEY, et al., Defendants. 16 On March 30, 2021, service of process was returned unexecuted on defendant Bentley because such individual is deceased. (ECF No. 19.) On April 2, 2021, the undersigned issued an order directing the Clerk of the Court to serve a copy of the USM-285 form and the April 2, 2021 order on plaintiff in light of the suggestion of defendant Bentley’s death on the record. (ECF No. 20.) The undersigned found that service of the USM-285 form would invoke the ninety-day time limit for filing a motion for substitution pursuant to Federal Rule of Civil Procedure 25(a)(1). That time period has now expired, and no motion for substitution has been filed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and IT IS HEREBY RECOMMENDED that…