Perez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL PHELPS, No. 1:22-cv-01406-NODJ-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF ACTION

v. PURSUANT TO FEDERAL RULE OF CIVIL

PROCEDURE

MANUEL PEREZ, et al., (ECF No. 31) Defendants. 16 Plaintiff Paul Phelps is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendants’ notice of Plaintiff’s death on the record, filed November 2, 2023. (ECF No. 31.) I. DISCUSSION Rule 25(a)(1) of the Federal Rules of Civil Procedure provides for the dismissal of an action if a motion for substitution is not made within ninety days after service of a statement noting plaintiff's death. Fed. R. Civ. P. 25(a)(1). Two things are required for the running of the ninety-day period to commence: a party must (1) formally suggest the death of…