Jamison v. Capello et al

Filing 35

ORDER DISMISSING CASE signed by Magistrate Judge Michael J. Seng on 6/22/2015. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE JAMISON ,

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Plaintiff,

CASE NO. 1:10-cv-01633-MJS (PC)
ORDER
DISMISSING
ACTION
PURUSANT TO FED. R. CIV. P 25(a)(1)

v.
(ECF No. 34)
M. CAPELLO, et al.,
Defendants.

CLERK TO TERMINATE PENDING
MOTIONS AND CLOSE CASE

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Plaintiff is a former state prisoner proceeding pro se in this civil rights action

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brought pursuant to 42 U.S.C. § 1983. The action proceeds against Defendants Capello

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and Kuntz on Plaintiff’s Eighth Amendment claims. All parties have consented to

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Magistrate Judge jurisdiction for all purposes.

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On November 20, 2014, Defendants filed a motion for summary judgment. (ECF

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No. 30.) Plaintiff did not respond and, on January 7, 2015, the Court ordered Plaintiff to

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file a response or face dismissal for failure to prosecute. (ECF No. 32.) Plaintiff filed no

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opposition and, on February 18, 2015, the Court ordered Plaintiff to show cause why the

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action should not be dismissed. (ECF No. 33.) The Court’s orders were returned as

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undeliverable. Thereafter, on March 20, 2015, Defendants notified the Court of Plaintiff’s

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death on or about January 29, 2015. (ECF No. 34.)

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More than ninety days have passed since Defendants served their notice of

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Plaintiff’s death. No successor or representative has moved to substitute for Plaintiff as

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to any claims that were not extinguished. Accordingly, Plaintiff’s claims must be

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dismissed. Fed. R. Civ. P. 25(a)(1).

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Based on the foregoing, this action is dismissed pursuant to Federal Rule of Civil

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Procedure 25(a)(1). The Clerk’s Office is directed to terminate any pending motions and

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close the case.

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IT IS SO ORDERED.
Dated:

June 22, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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