Hardin v. Gowan, et al.

Filing 47

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/25/2017 ORDERING, within 21 days, Ms. Gowans shall file a written response to plaintiff's motion to substitute. Failure to comply will be construed as a waiver of any opposition to the motion and result in the motion being granted. The Clerk shall serve a copy of this order on Ms. Gowans c/o KP-Affiliated Provider Services.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN HOSEA HARDIN,

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Plaintiff,

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v.

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

ORDER

REGINALD GOWAN,

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Defendant.

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Plaintiff is a state prisoner proceeding in forma pauperis and without counsel in an action

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brought under 42 U.S.C. § 1983. Reginald Gowans, the sole defendant in this action, died on or

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around November 3, 2015. ECF No. 36. Plaintiff moves to substitute Daphne Benson Gowans,

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the apparent executor of defendant Gowans’s estate, as defendant pursuant to Rule 25 of the

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Federal Rules of Civil Procedure. ECF Nos. 38, 40, 43. The record reflects that on August 26,

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2016, Ms. Gowans was personally served with plaintiff’s motion, along with a court order

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directing her to file a response to the motion within 30 days of service. ECF Nos. 44, 45. Ms.

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Gowans has not responded to plaintiff’s motion. Pursuant to Local Rule, 230(l), a responding

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party’s failure “to file written opposition or to file a statement of no opposition may be deemed a

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waiver of any opposition to the granting of the motion and may result in the imposition of

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sanctions.”

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Accordingly, IT IS HEREBY ORDERED that within 21 days of the date of this order,

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Ms. Gowans shall file a written response to plaintiff’s motion to substitute. Failure to comply

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with this order will be construed as a waiver of any opposition to the motion and result in the

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motion being granted. The Clerk of the Court shall serve a copy of this order on Ms. Gowans c/o

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KP-Affiliated Provider Services, 393 E. Walnut Street, 5th Floor, Pasadena, California, 91188.

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DATED: January 25, 2017.

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