McGlothin v. Harrington et al

Filing 64

ORDER DISMISSING Defendant J. Torres, signed by District Judge Anthony W. Ishii on 5/21/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JOHN McGLOTHIN,

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Plaintiff,

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1:10cv00247 AWI DLB PC
ORDER DISMISSING
DEFENDANT J. TORRES

v.
J. TORRES, et al.,

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Defendants.

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Plaintiff Michael John McGlothin (“Plaintiff”), a California state prisoner proceeding pro se,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 16, 2010. Plaintiff filed a

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Second Amended Complaint on June 13, 2011. This action is proceeding on Plaintiff’s Eighth

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Amendment claim against Defendants Castro, Jose, Steen and Torres. Defendants’ April 16, 2013,

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motion for summary judgment is currently pending before the Court.
On February 6, 2013, Defendants filed a Notice of Defendant J. Torres’ Death pursuant to

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Federal Rule of Civil Procedure 25(a).
Plaintiff has not filed a motion to substitute within 90 days of receiving notice of Defendant

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Torres’ death, as required by Rule 25(a)(1).
Accordingly, Defendant J. Torres is DISMISSED.

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IT IS SO ORDERED.
Dated: May 21, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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