Hardin v. Gowan, et al.

Filing 41

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/16 ORDERING that Service of plaintiff's motion for substitution (ECF No. 40 ) is appropriate for Ms. Gowans. The Clerk of the Court shall send plaintiff 1 USM-285 form. Within 30 d ays from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed USM form. Upon receipt of the necessary materials, the court will direct the U.S. Marshal to serve Ms. Gowans with the motion for substitution.(Dillon, 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 subsequently filed a declaration identifying Daphne

21

Benson Gowans as the likely executor of defendant Gowan’s estate. ECF No. 38. Plaintiff now

22

moves to substitute Ms. Gowans as the proper party pursuant to Rule 25 of the Federal Rules of

23

Civil Procedure. ECF No. 40. In light of plaintiff’s in forma pauperis status and in accordance

24

with Rules 25(a) and 4(c)(3), the court finds that service of the motion by the United States

25

Marshal is appropriate.

26

Accordingly, IT IS HEREBY ORDERED that:

27

1. Service of plaintiff’s motion for substitution (ECF No. 40) is appropriate for Ms.

28

Gowans.
1

1

2. The Clerk of the Court shall send plaintiff 1 USM-285 form.

2

3. Within 30 days from service of this order, plaintiff shall complete the attached Notice

3

of Submission of Documents and submit it to the court with the completed USM form.

4

Failure to comply with this order will result in a recommendation that plaintiff’s

5

motion for substitution be denied.

6

4. Upon receipt of the necessary materials, the court will direct the U.S. Marshal to serve

7

Ms. Gowans with the motion for substitution pursuant to Federal Rule of Civil

8

Procedure 4 without prepayment of costs.

9

DATED: May 17, 2016.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

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

v.

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

NOTICE OF SUBMISSION OF
DOCUMENTS

REGINALD GOWAN,

14

Defendant.

15
16
Plaintiff hereby submits the following documents in compliance with the court’s order:

17
18
19

1__

completed forms USM-285

20
21
22
____________________________

23

Plaintiff

24
25

Dated:

26
27
28
3