Player v. Adams et al

Filing 59

ORDER Dismissing Defendant Oftedhal from Action Pursuant to 52 Notice of Death signed by Judge Oliver W. Wanger on 05/16/2011. Oftedhal terminated from action. (Flores, E)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LAVELLE TYRONE PLAYER,

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1:07-CV-01312-OWW-DLB PC

Plaintiff,

ORDER DISMISSING DEFENDANT
OFTEDHAL FROM ACTION PURSUANT TO
NOTICE OF DEATH

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v.
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(DOC. 52)
ADAMS, et al.,

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Defendants.
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/
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Plaintiff Lavelle Tyrone Player (“Plantiff”) is a prisoner

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in the custody of the California Department of Corrections and

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Rehabilitation (“CDCR”).

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forma pauperis in this civil rights action pursuant to 42 U.S.C.

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§ 1983.

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Johnson, Miller, Prulx, Rangel, Oftedhal, and Watson.

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Plaintiff is proceeding pro se and in

This action is proceeding against Defendants Campbell,

On October 20, 2010, Defendants filed a notice of suggestion

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of death regarding Don Oftedhal.

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declares that she was informed by CDCR’s Legal Affairs Office

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that Defendant Oftedhal had passed away on April 27, 2010.

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Pursuant to Federal Rule of Civil Procedure 25(a)(1),

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If a party dies and the claim is not extinguished, the
court may order substitution of the proper party. A
motion for substitution may be made by any party or by
the decedent's successor or representative. If the
motion is not made within 90 days after service of a
statement noting the death, the action by or against
the decedent must be dismissed.
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Doc. 52.

Defendants’ counsel

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More than ninety days have passed since the notice of death was

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served, and no motion for substitution has been filed.

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Accordingly, it is HEREBY ORDERED that Defendant Oftedhal is

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dismissed from this action pursuant to Defendants’ notice of

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suggestion of death.

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IT IS SO ORDERED.

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Dated:
May 16, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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