Jensen v. Adams et al

Filing 24

ORDER Construing Copy of Death Certificate as Suggestion Death Upon the Record, signed by Magistrate Judge William M. Wunderlich on 2/18/09. (Motion for Substitution due by 5/12/2009)(Hellings, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 D. ADAMS, et al., 16 17 18 Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 19 U.S.C. § 1983. 20 On January 30, 2009, an order was entered, granting Plaintiff leave to file an 21 amended complaint On February 10, 2009, the order was returned with a notation that Plaintiff 22 is deceased. Pursuant to Fed. R. Civ. P. 25(a)(1), successors or representatives of a deceased 23 party may make a motion for substitution "not later than 90 days after the death is suggested 24 upon the record" and continue the action. Ninety days have expired since the court received 25 notice of plaintiff's death. The court accepts the suggestion of death upon the record. Under 26 1 Defendants. vs. PAUL WILLIAM JENSEN, Plaintiff, 1:08 CV 1214 AWI WMW PC ORDER CONSTRUING COPY OF DEATH CERTIFICATE AS SUGGESTION DEATH UPON THE RECORD IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Rule 25(a)(1), unless a motion for substitution is made, "the action shall be dismissed as to the deceased party." Absent such a statement, this case will be dismissed on May 12, 2009.

IT IS SO ORDERED. Dated: j14hj0 February 18, 2009 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

2