Ramirez v. Mirnda et al

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 10/01/14 ordering the clerk of the court is directed to forward to the United States Marshal a copy of the instant order, the 07/30/14 suggestion of death on the record and order 15 and a compl eted USM-285 form for service on Mr. Ramirez Jr. Within 14 days from the date of this order, the United States Marshal shall personall serve Andrew Ramirez Jr., 4481 Heather Circle, Chino, California, 91710 with the instant order, and a copy of the 07/30/14 suggestion of death on the record and order. Within 90 days from the date of personal service, plaintiff's next of kin, Andrew Ramirez, Jr. shall file a motion for substitution in this action, if he so desires. The clerk of the court is relieved of the obligation to serve plaintiff with a copy of the instant order because plaintiff is deceased. (Copy of this order, 1 completed USM-285 form and copy of suggestion of death and order 15 served on the U.S. Marshal)(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 ANDREW RAMIREZ, 12 13 14 15 No. 2:13-cv-0600 KJN P Plaintiff, v. ORDER P.A. MIRANDA, et al., Defendants. 16 17 Plaintiff was a state prisoner proceeding in forma pauperis. Plaintiff consented to proceed 18 before the undersigned for all purposes. See 28 U.S.C. § 636(c). On July 30, 2014, the 19 undersigned issued an order to plaintiff’s next of kin, Andrew Ramirez, Jr., asking him to notify 20 the court, within forty-five days, whether he would waive personal service of the notice of 21 suggestion of death on the record, and to inform the court whether he would file a motion for 22 substitution or did not intend to pursue this action. The mailing was not returned from the postal 23 service, but Andrew Ramirez, Jr., has not responded to the July 30, 2014 order. 24 Therefore, the undersigned orders the United States Marshal to personally serve a copy of 25 the instant order, as well as a copy of the July 30, 2014 suggestion of death on the record and 26 order on plaintiff’s next of kin, Andrew Ramirez, Jr., who is granted ninety days from the date of 27 personal service in which to file a motion for substitution of parties in this case. Mr. Ramirez, Jr., 28 is informed that failure to timely file such motion for substitution will result in the dismissal of 1 1 this action without prejudice. Because plaintiff is deceased, the Clerk of the Court is relieved of 2 the obligation to serve a copy of this order on plaintiff. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Clerk of the Court is directed to forward to the United States Marshal a copy of the 5 instant order, the July 30, 2014 suggestion of death on the record and order (ECF No. 15), and a 6 completed USM-285 form for service on Mr. Ramirez, Jr. 7 2. Within fourteen days from the date of this order, the United States Marshal shall 8 personally serve Andrew Ramirez, Jr., 4481 Heather Circle, Chino, California 91710, with the 9 instant order, and a copy of the July 30, 2014 suggestion of death on the record and order. 10 3. Within ninety days from the date of personal service, plaintiff’s next of kin, Andrew 11 Ramirez, Jr., shall file a motion for substitution in this action, if he so desires. Failure to file such 12 motion will result in the dismissal of this action. 13 4. The Clerk of the Court is relieved of the obligation to serve plaintiff with a copy of the 14 instant order because plaintiff is deceased. 15 Dated: October 1, 2014 16 17 18 19 /rami0600.dea3 20 21 22 23 24 25 26 27 28 2

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