Diaz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ARKEEN EVANS, Case No. 1:22-cv-00291-KES-BAM (PC) 12 Plaintiff, ORDER NOTIFYING PARTIES THAT

NINETY-DAY PERIOD WITHIN WHICH TO

13 v. FILE MOTION FOR SUBSTITUTION HAS

BEEN TRIGGERED BY FILING OF NOTICE

14 DIAZ, et al., OF SUGGESTION OF DEATH AND PROOF

OF SUFFICIENT SERVICE

15 Defendants. (ECF Nos. 58, 59) 16 Motion for Substitution Due: June 11, 2024 17 18 I. Background 19 Plaintiff David Arkeen Evans (“Plaintiff”) is a state prisoner proceeding pro se in this 20 civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended 21 complaint against: (1) Defendants E. Diaz and Ramirez for excessive force in violation of the 22 Eighth Amendment for spraying Plaintiff with OC spray; (2) Defendant Reed for excessive force 23 in violation of the Eighth Amendment for ramming Plaintiff with his riot shield and pinning 24 Plaintiff to a desk; (3) Defendants E. Diaz and Ramirez for excessive force in violation…