Rodriguez v. Hubbard et al

Filing 160

ORDER re 159 Notice of Death, signed by Magistrate Judge Dennis L. Beck on 8/15/16. Supplemental Notice Due Within Twenty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS VALENZUELA RODRIGUEZ,

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Plaintiff,
v.
HUBBARD, et al.,
Defendants.

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) Case No.: 1:10-cv-00858 DAD DLB (PC)
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) ORDER REGARDING NOTICE OF DEATH
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Plaintiff Luis Valenzuela Rodriguez (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s Third Amended Complaint against Defendants Biter, Phillips, Da Viega, Ozaeta, Betzinger,

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Gregory, Garza, Wegman, Alic, Speidell and Rankin on claims of violation of the Free Exercise

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Clause of the First Amendment, violation of the Equal Protection Clause of the Fourteenth

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Amendment, retaliation in violation of the First Amendment, and deliberate indifference to Plaintiff’s

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safety in violation of the Eighth Amendment.

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Defendants filed a statement of Plaintiff’s death on May 4, 2016. Defendants represent in the

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notice that service in compliance with Federal Rules of Civil Procedure 4 and 25(a)(1) was made on

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members of Plaintiff’s family. ECF No. 159. However, Defendants’ notice is not accompanied by

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any supporting evidence.

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Defendants are HEREBY ORDERED to supplement the notice with evidence of proper service
within twenty (20) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 15, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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