CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARL DEAN CHRISTIAN, JR., No. 2:21-cv-0305 KJN P Plaintiff, ORDER SUBSTITUTING KATELYN

CHRISTIAN AS SUCCESSOR IN INTEREST

v. FOR PLAINTIFF EARL DEAN CHRISTIAN,

JR.

H. MACIAS, et al.,

Defendants. 16 Plaintiff Earl Dean Christian, Jr. brought this action as a state prisoner, proceeding pro se and in forma pauperis. Subsequently, plaintiff was appointed counsel. The motion to substitute plaintiff’s daughter Katelyn Christian as successor in interest to Earl Dean Christian, Jr. is before the court. Defendants do not oppose the motion. As discussed below, the motion is granted. Substitution of Parties Under Federal Rule of Civil Procedure 25, if a party to an action dies and the underlying claim is not extinguished, the court may order substitution of a proper party. Fed. R. Civ. P. 25(a)(1). If the motion for substitution is not made within 90 days after service of a statement noting the death, the action by the…