Opinion
No. CIV S-07-1332 LKK GGH P.
May 6, 2008
ORDER
Plaintiff was a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. On March 28, 2008, mail was returned to the court by prison officials indicating that plaintiff is deceased. No defendants had yet been served in this case. Pursuant to Fed.R.Civ. 25, a motion for substitution may be made by any party or successor or representative of the decedent within 90 days after notice of the death is served. If such a motion is not made within 90 days of the date this order is filed, the undersigned will recommend dismissal of this action.