McTaggart

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BARRY LOUIS LAMON, Case No. 1:22-cv-01421-NODJ-BAM (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO SUBSTITUTE MICHAEL TILLERY FOR

v. AND INSTEAD OF DEFENDANT TILLERY

MCTAGGART, et al., (ECF No. 38) Defendants. 16 Plaintiff Barry Louis Lamon (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action was removed from Kings County Superior Court on November 3, 2022. (ECF No. 1.) The second amended complaint has not yet been screened. On October 11, 2023, Defendants filed a status report indicating that Defendant Tillery’s next of kin, Michael Tillery, was personally served with a notice of suggestion of death of Defendant Tillery on October 3, 2023, in accordance with Federal Rule of Civil Procedure 4(e)(2). (ECF No. 33.) Finding that the ninety-day period for filing a motion for substitution of Defendant Tillery, pursuant to Federal…