Irvin v. Yates, et al.

Filing 165

ORDER Granting Plaintiff's 134 Motion for Substitution of Shannon Lantz in Place of Deceased Defendant Seth Lantz, re 158 , 159 , signed by Magistrate Judge Stanley A. Boone on 6/2/17. Shannon Lantz added. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAJAUNA KENYATTA IRVIN,

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Plaintiff,

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v.
JAMES A YATES, et al.,

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Defendants.

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Case No.: 1:10-cv-01940-DAD-SAB (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR SUBSTITUTION OF SHANNON LANTZ IN
PLACE OF DECEASED DEFENDANT SETH
LANTZ
[ECF Nos. 134, 158, 159]

Plaintiff Kajauna Kenyatta Irvin is appearing pro se in this civil rights action pursuant to 42

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U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). The case

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was removed from state court on October 14, 2010.

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On November 16, 2016, the Court directed deceased Defendant Seth Lantz’s counsel to re-

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serve the suggestion of death, along with a copy of Plaintiff’s motion for substitution on successor,

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Shannon Lantz. (ECF No. 158.)
On December 7, 2016, Defendants’ counsel filed a declaration declaring that on this same date,

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Shannon Lantz was served with a copy of the notice of death, and Plaintiff’s notice of substitution.

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The Court finds that Plaintiff has complied with the requirements of Rule 25 of the Federal

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Rules of Civil Procedure and Shannon Lantz, wife of the deceased Defendant Seth Lantz is substituted

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as a party Defendant in this case. Fed. R. Civ. P. 25(a)(1). The Clerk of Court is instructed to update

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the docket accordingly.

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IT IS SO ORDERED.

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Dated:

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June 2, 2017
UNITED STATES MAGISTRATE JUDGE

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