Herrera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO GARCIA, No. 2:22-cv-1612 CKD P Plaintiff, v. ORDER AND LINDA HERRERA, FINDINGS AND RECOMMENDATIONS Defendant. 16 On July 26, 2023, defendant informed the court that plaintiff is deceased. Under Rule 25 of the Federal Rules of Civil Procedure, an action must be dismissed if no motion for substitution is filed within 90 days from the date a plaintiff’s death is suggested on the record. No motion for substitution has been filed. Accordingly, IT IS HEREBY ORDERED that: 1. Defendant’s July 14, 2023 motion to dismiss is denied as moot; and 2. The Clerk of the Court assign a district court judge to this case. IT IS HEREBY RECOMMENDED that: 1. Defendant’s November 7, 2023 motion to dismiss pursuant to Federal Rule of Civil Procedure 25 be granted; and. 2. This case be dismissed. ///// ] These findings and recommendations are submitted to the United…