Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID ARKEEN EVANS, Case No. 1:22-cv-00291-KES-BAM (PC) Plaintiff, ORDER NOTIFYING PARTIES THAT

NINETY-DAY PERIOD WITHIN WHICH TO

v. FILE MOTION FOR SUBSTITUTION HAS

BEEN TRIGGERED BY FILING OF NOTICE

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

OF SUFFICIENT SERVICE

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