Hardin v. Gowan, et al.

Filing 39

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/03/16 ordering if plaintiff wishes to file a motion for substitution of deceased party, he must do so within 30 days from the date of this order. (Plummer, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

KEVIN HOSEA HARDIN,

11

Plaintiff,

12
13
14

v.

No. 2:14-cv-1796-EFB P

ORDER

REGINALD GOWAN,
Defendant.

15
16

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

17

U.S.C. § 1983. On September 1, 2015, the court directed the United States Marshal to effect

18

service of process on defendant Gowan, the sole defendant in this action. ECF No. 35. In

19

response, Gowan’s counsel filed a notice indicating that Gowan had died on or around November

20

3, 2015. ECF No. 36. Defense counsel also served and filed a declaration identifying the likely

21

executor of defendant Gowan’s estate. ECF No. 38.

22

Rule 25(a)(1) of the Federal Rules of Civil Procedure governs the substitution of parties

23

after death, providing for substitution where the claim is not extinguished by the death of the

24

party. If plaintiff wishes to file a motion for substitution of the deceased party, he must do so

25

within 30 days from the date of this order. Failure to do so may result in a recommendation that

26

this action be dismissed.

27

DATED: March 3, 2016.

28