Ward
(PC) Cantu v. Ward
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA JESSE CANTU, Case No. 1:20-cv-00386-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS THIS ACTION PURSUANT TO
v. FEDERAL RULE OF CIVIL PROCEDURE 25(A)(1)1 P. WARD, B. XIONG, P. DUNN, D.
CORTEZ, J. SOTO, FOURTEEN-DAY OBJECTION PERIOD
15 Defendants. (Doc. No. 55) 16 On September 30, 2022, Defendants filed a Suggestion of Death Upon the Record Under Rule 25(a)(1) noting Plaintiff Cantu is deceased. (Doc. No. 55, “Suggestion”). As of this date of these Findings and Recommendations, no further filings have been filed. Under Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or 24 …