Cabrera

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD SCOTT KINDRED, Case No. 1:19-cv-00901-JLT-CDB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS v. TO DISMISS ACTION WITH PREJUDICE

WUILMER CABRERA, et al., (Docs. 42, 45) Defendants. FOURTEEN-DAY DEADLINE 16 Plaintiff Richard Scott Kindred, a former state prisoner acting pro se, filed this civil rights action under 42 U.S.C. § 1983 on July 1, 2019, in which he asserts claims for excessive force and failure to protect against Defendants. (Doc. 1.) On October 31, 2022, Defendants filed a notice representing that Plaintiff died on October 19, 2022. (Doc. 42.) Rule 25 of the Federal Rules of Civil Procedure governs the substitution of a party who has died: If a party dies and the claim is not extinguished, the court may order substitution of the proper party. 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…