Pompey

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMIAH SIMMONS, Case No. 2:19-cv-02491-JDP (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

G. POMPEY, Defendant. 16 The court has learned that plaintiff, a state prisoner proceeding without counsel, passed away during the pendency of this litigation. Pursuant to Federal Rule of Civil Procedure 25, plaintiff’s representative or successor in interest has been given an opportunity to continue litigating this case on his behalf. No such person has notified the court of their intent to do so. Accordingly, I recommend that this action be dismissed. Relevant Background On April 14, 2020, the previously assigned magistrate judge, Judge Brennan, screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. ECF No. 7. Judge Brennan notified plaintiff that he could proceed with his viable First Amendment claim against defendant Pompey, but that his remaining claims were not cognizable. …