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. On February 7, 2022, Mr. Snow, an inmate who had been assisting Plaintiff with his case, filed a document providing notice that Plaintiff Linder died on January 28, 2022. See ECF No. 65. On February 15, 2022, Defendants also filed a notice of Plaintiff’s death pursuant to Federal Rule of Civil Procedure 25(a)(1). See ECF No. 67. Defendants were unable to locate Plaintiff Linder’s next of kin but provided notice to the prison’s litigation coordinator. See id. On August 8, 2022, following expiration of the 90-day period provided in Rule 25(a)(1) to file a motion to substitute, and upon the lack of any such motion, Defendants filed a motion to dismiss. See ECF No. 71. On…