Smith v. Zaklos et al

Filing 22

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/21/2016 GRANTING plaintiff's 21 motion to substitute Scott Kernan for Jeffery Beard; and the Clerk shall substitute Scott Kernan, the Secretary of the CDCR, for Jeffrey Beard as the proper defendant in this matter. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NOEL RAY SMITH,

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No. 2:15-cv-0842 WBS CKD P (TEMP)

Plaintiff,
v.

ORDER

CHAIM ZAKLOS et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983. On March 29, 2016, the court ordered the United States Marshal to effect service on

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defendants Jeffrey Beard and Chaim Zaklos. Plaintiff has filed a motion to substitute Scott

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Kernan for Jeffrey Beard because Kernan has replaced Beard as Secretary of the California

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Department of Corrections and Rehabilitation.

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Rule 25 of the Federal Rules of Civil Procedure provides:
An action does not abate when a public officer who is a party in an
official capacity dies, resigns, or otherwise ceases to hold office
while the action is pending. The officer’s successor is
automatically substituted as a party. Later proceedings should be in
the substituted party’s name, but any misnomer not affecting the
parties’ substantial rights must be disregarded. The court may order
substitution at any time, but the absence of such an order does not
affect the substitution.
Fed. R. Civ. P. 25(d).
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In this case, the court finds that substitution is appropriate pursuant to Federal Rule of
Civil Procedure 25.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion to substitute Scott Kernan for Jeffrey Beard (Doc. No. 21) is
granted; and

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2. The Clerk of the Court is directed to substitute Scott Kernan, the Secretary of the

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California Department of Corrections and Rehabilitation, for Jeffrey Beard as the

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proper defendant in this matter.

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Dated: April 21, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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ec
smit0842.sub

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