Cabrera

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD SCOTT KINDRED, ) Case No.: 1:19-cv-901 JLT CDB ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING THE v. ) ACTION WITH PREJUDICE PURSUANT TO ) RULE 25 OF THE FEDERAL RULES OF CIVIL WUILMER CABRERA, et al., ) PROCEDURE ) Defendants. ) (Docs. 45, 46) ) )

Defendants filed a Notice of Death of Plaintiff Richard Scott Kindred on October 31, 2022. (Doc. 42.) On April 21, 2023, this Court observed: “Because the ‘Suggestion of Death’ has been filed on the record—and Plaintiff’s next of kin were both served as of January 17, 2023—the action must be dismissed if no motion for substitution is filed within 90 days.” (Doc. 45 at 1, citing Summerfield v. Fackrell, 2012 WL 113281, at *2 (E.D. Cal. Jan. 11, 2012) [before the 90-day period begins to run, the suggestion of death must be filed on the record and served to the other parties]; Barlow v. Ground, 39 F.3d 231,…