Ramirez v. Mirnda et al

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 7/23/14 ORDERING that the Clerk of the Court is directed to serve a copy of this order on Supervising Deputy Attorney General Monica Anderson; and within 30 days from the date of this order, the court requests that Supervising Deputy Attorney Monica Anderson confirm whether or not plaintiff is deceased and, if so, provide the court with the name and address of plaintiffs next of kin. (cc Monica Anderson)(Dillon, 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 ANDREW RAMIREZ, 12 Plaintiff, 13 14 No. 2:13-cv-0600 KJN P v. ORDER P.A. MIRANDA, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. On June 13, 2014, an order addressed to plaintiff was returned as 19 undeliverable, marked “deceased.” Inasmuch as defendants had not yet been served with process, 20 the court will ask the Supervising Deputy Attorney General to confirm whether or not plaintiff is 21 deceased and, if so, provide the court with the name of plaintiff’s next of kin, so that the 22 statement pursuant to Federal Rule of Civil Procedure 25(a)(3) can be served. See Fed. R. Civ. P. 23 5 and 4, respectively; see also Fed. R. Civ. P. 25(a)(3); Barlow v. Ground, 39 F.2d 231, 233-34 24 (9th Cir. 1994). 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Clerk of the Court is directed to serve a copy of this order on Supervising Deputy 27 Attorney General Monica Anderson; and 28 //// 1 1 2. Within thirty days from the date of this order, the court requests that Supervising 2 Deputy Attorney Monica Anderson confirm whether or not plaintiff is deceased and, if so, 3 provide the court with the name and address of plaintiff’s next of kin. 4 Dated: July 23, 2014 5 6 rami0600.dea 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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