Savoy v. Schlachter

Filing 46

ORDER signed by Magistrate Judge Allison Claire on 3/24/2014 ORDERING that defendant shall, within 30 days, determine whether plaintiff is deceased and if he is, file a proper notice pursuant to Rule 25 of the Fed. R. Civ. P.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERWIN SAVOY,

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No. 2:13-cv-00014-JAM-AC-P
Plaintiff,

v.

ORDER

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STAN SCHLACHTER, et al.,

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Defendants.

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On January 3, 2013, plaintiff commenced this action seeking relief for alleged civil rights

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violations. See 42 U.S.C. § 1983. On March 18, 2014, a fellow prisoner notified the court that

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plaintiff was deceased. ECF No. 45. The court declines to proceed with this action until there is

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either a notice of suggestion of death on the record pursuant to Rule 25 of the Federal Rules of

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Civil Procedure, or a showing that plaintiff is not deceased.

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Accordingly, it is ORDERED that:

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Defendant shall, within 30 days of the date this order is served, determine whether

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plaintiff is deceased and if he is, file a proper notice pursuant to Rule 25 of the Federal Rules of

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Civil Procedure.

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DATED: March 24, 2014

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