Bick
(PC) Tunstall v. Bick
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBER WILLIAM TUNSTALL, JR., No. 2:16-CV-2604-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOSEPH BICK, et al., Defendants. 16 Plaintiff, who was a prisoner proceeding pro se, brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 13, 2022, Defendants filed a formal notice of suggestion of Plaintiff’s death pursuant to Federal Rule of Civil Procedure 25. See ECF No. 161. Thereafter, the Court directed defense counsel to make efforts to provide Plaintiff’s next of kin notice and further directed defendant counsel to submit a status report. See ECF No. 162. On April 28, 2023, defense counsel filed a status report indicating that the notice was served on Plaintiff’s daughter, Sherry Tunstall, on February 17, 2023. See ECF No. 165. To date, no motion for substitution has been filed. / / / / / / / / / ] Following service of a notice of suggestion of death, an…