Alcantara

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMIAH SIMMONS, No. 2:19-cv-2492 TLN KJN P Plaintiff, v. ORDER ALCANTARA, Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On February 9, 2022, in plaintiff’s prior case, counsel for defendant Pompey filed a suggestion of death upon the record attesting to the death of plaintiff Jeremiah Simmons on December 3, 2021. Simmons v. Pompey, No. 2:19-cv- 2491 JDP (E.D. Cal.) (ECF No. 32). The court takes judicial notice of such filing. See, e.g., Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 2002) (“[W]e may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”) (internal quotation omitted). Federal Rule of Civil Procedure 25 establishes the process for moving forward after a party to a civil action has died. Of relevance here, it provides that “[i]f a party dies and the claim is…