Pucelik

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUANE LINDER, No. 2:18-CV-2281-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JAMES S. PUCELIK, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to dismiss, ECF No. 71. Defendants contend this action should be dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1) following Plaintiff’s death. By separate order issued herewith, the Court has directed that Plaintiff’s legal materials be sent to Plaintiff’s sister, Ms. Terri Sanford. Pending a motion to substitute filed by Ms. Sanford or other next of kin, the Court finds that Defendants’ motion to dismiss should be denied without prejudice to renewal of no motion to substitute is filed within the 90-day period specified in Rule 25(a)(1). / / / / / / / / / ] Based on the foregoing, the…