Avila

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE JAMES PELLERITI, No. 2:19-cv-1853 DAD AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DANA AVILA, et al., Defendants. 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On January 21, 2022, counsel for defendants notified the court that defendant Longoria had died. ECF No. 52. The court initially ordered plaintiff to identify Longoria’s successor in interest and file a motion for substitution of a proper party within ninety days or it would be recommended that Longoria be dismissed. ECF No. 54. Plaintiff then sought to substitute the California Department of Corrections and Rehabilitation (CDCR) for Longoria (ECF No. 55) and that request was stricken because the CDCR is not a proper party (ECF No. 59). By that same order, the court noted that it had erred in placing the burden of identifying Longoria’s successor on plaintiff and ordered…