Pucelik

(PC) Linder v. Pucelik

Good Law
United States District Court, Eastern District of CaliforniaAugust 16, 20222:18-cv-02281California602 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUANE LINDER, No. 2:18-CV-2281-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JAMES S. PUCELIK, et al., Defendants. 16 Plaintiff, who was a prisoner proceeding pro se, brought this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to dismiss, ECF No. 71, pursuant to Federal Rule of Civil Procedure 25(a)(1) following the death of Plaintiff. On February 7, 2022, Stephen F. Snow, an inmate who had been assisting Plaintiff with his case, filed a document with the Court providing notice that Plaintiff had died on January 28, 2022. See ECF No. 65. Thereafter, on February 15, 2022, Defendants filed a Suggestion of Death Upon the Record pursuant to Rule 25(a)(1). See EC No. 67. Before doing so, Defendants made reasonable efforts to locate the addresses of Plaintiff’s next of kin, if any, by searching Plaintiff’s prison medical records for emergency…

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