Rodriguez v. Tilton, et al

Filing 205

ORDER signed by Magistrate Judge Allison Claire on 03/03/14 ordering that defendants shall serve the 05/07/12 statement noting death pursuant to Federal Rule of Civil Procedure 25(a)(3) within 21 days of this order and shall file a certificate of service with the court. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS VALENZUELA RODRIGUEZ, 12 13 14 No. 2:08-cv-01028 GEB AC P Plaintiff, v. ORDER JAMES TILTON, et al., 15 Defendants. 16 17 In light of the statement noting Defendant Duclos’s death upon the record, defendants will 18 be directed to serve the statement pursuant to Federal Rule of Civil Procedure 25(a)(3). 19 Defendants shall forthwith serve the statement noting death on plaintiff and any known 20 successors or representatives of the deceased party as provided in Fed. R. Civ. P. 5 and 4, 21 respectively. See Fed. R. Civ. P. 25(a)(3); see also Barlow v. Ground, 39 F.2d 231, 233-34 (9th 22 Cir. 1994). 23 Accordingly, IT IS HEREBY ORDERED that defendants shall serve the May 7, 2012 24 statement noting death pursuant to Federal Rule of Civil Procedure 25(a)(3) within twenty-one 25 days of this order and shall file a certificate of service with the court. 26 DATED: March 3, 2014 27 28 1

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