Pamer v. Schwarzenegger et al

Filing 122

ORDER signed by Magistrate Judge Craig M. Kellison on 8/27/12 ORDERING that this action is DISMISSED due to plaintiffs death pursuant to Rule 25(a). CASE CLOSED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE PAMER,

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Plaintiff,

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No. CIV S-07-1902-MCE-CMK-P

vs.

ORDER

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ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brought this civil rights action

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pursuant to 42 U.S.C. § 1983. On December 20, 2011, defendants filed a notice that plaintiff

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died in prison on October 16, 2011. Notice of the suggestion of death pursuant to Barlow v.

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Ground, 39 F.3d 231, 233 (9th Cir. 1994) was served on April 23, 2012. No motion for

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substitution has been filed.

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Federal Rule of Civil Procedure 25(a)(1) provides that if a “motion is not made

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within 90 days after service of a statement noting the death, the action by or against the decedent

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must be dismissed.” Here, the notice of plaintiff’s death was served on April 23, 2012, and no

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motion for substitution has been filed. Thus, the court is required to dismiss this action.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed due to
plaintiff’s death pursuant to Rule 25(a).

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DATED: August 27, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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