Valencia v. Gibson et al

Filing 89

ORDER GRANTING 88 Plaintiff's Motion for Extension of Time to Submit Service Documents signed by Magistrate Judge Stanley A. Boone on 12/30/2015. Service documents due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABEL VALENCIA,

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Plaintiff,
v.
RUIZ, et. al.,

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Defendants.

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Case No.: 1:12-cv-01446-AWI-SAB (PC)
ORDER GRANTING PLAINTIFF’S MOTION TO
EXTEND THE TIME TO SUBMIT SERVICE
DOCUMENTS
[ECF No. 88]

Plaintiff Abel Valencia is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action is proceeding on Plaintiff due process claim against Defendant Ruiz and an official
capacity claim for injunctive relief against Defendant Jeffrey Beard.
On December 8, 2015, the Court sent Plaintiff the necessary service of process forms for
completion and return to effectuate service of process as to Defendant Jeffrey Beard. (ECF No. 84.)
On December 28, 2015, Plaintiff filed a motion requesting a stay and extension of time for

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service as to Defendant Beard. Plaintiff submits that Jeffrey Beard will retire on December 31, 2015,

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and Plaintiff will need to name his successor as the Defendant for whom he seeks injunctive relief.

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(ECF No. 88.)

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Plaintiff is advised that pursuant to Federal Rule of Civil Procedure 25(d), “[a]n action does
not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases
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to hold office while the action is pending.” Fed. R. Civ. P. 25(d). Thus, Plaintiff is not required to

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name Beard’s successor as he/she will be substituted automatically pursuant to Rule 25. In the interest

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of justice, Plaintiff is granted thirty (30) days from the date of service of this order to complete and

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submit the necessary service of process forms.

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IT IS SO ORDERED.

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Dated:

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December 30, 2015
UNITED STATES MAGISTRATE JUDGE

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