Gress v. Smith, et al.

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/14 ORDERING that in light of the suggestion of Eldon Evans death upon the record, this order will invoke the ninety day time limit for filing a motion for substitution. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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Plaintiff,

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No. 2:13-cv-0328 KJN P

v.

ORDER

CHRISTOPHER SMITH, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant

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to 42 U.S.C. § 1983. On January 23, 2014, the court ordered the United States Marshal to serve

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the amended complaint on defendants. Process directed to defendant Eldon Evans was returned

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unexecuted because the litigation coordinator reported that Dr. Eldon Evans is deceased.1 In light

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of the suggestion of Eldon Evans’ death upon the record, this order will invoke the ninety day

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time limit for filing a motion for substitution pursuant to Federal Rule of Civil Procedure

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25(a)(1). IT IS SO ORDERED.

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Dated: February 12, 2014

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/gres0328.dea

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The California Department of Consumer Affairs website, https://www.breeze.ca.gov, confirms
that Physician and Surgeon Eldon Leroy Evans, License Number 18212, is deceased.
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