Joksch
(PC) Wilkins v. Joksch
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEENAN WILKINS, also known as No. 2:18-CV-2518-MCE-DMC-P Nerrah Brown, 12 Plaintiff, ORDER v.
C. JOKSCH, et al.,
15 Defendants.
17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion to substitute parties, ECF No. 81. This action currently proceeds against Defendants Foulk and Joksch. On May 16, 2023, Defendants filed a notice that Defendant Joksch has died. See ECF No. 80. On August 14, 2023, Plaintiff filed the pending motion to substitute parties pursuant to Federal Rule of Civil Procedure 25(a)(1). See ECF No. 81. Defendants oppose the motion. See ECF No. 82. As Defendants note, a motion to substitute under Rule 25(a)(1) requires the moving party to provide evidence as to the identity of the deceased party’s next of kin or other proper party for substitution. See F.T.C. v. AMG Servs., Inc., No. 2:12-CV-00536-GMN, 2014 WL…