Hackney v. California Health Care Facility, et al.

Filing 57

ORDER signed by Magistrate Judge Deborah Barnes on 03/20/19 ORDERING the Office of the Attorney General shall determine whether plaintiff is, in fact, deceased. If so, within thirty days from the date of this order, an attorney from that office shal l file a formal notice of plaintiffs death with the court and serve that notice on plaintiffs personal representative or successor in interest; or inform the court of the steps they have taken to locate plaintiffs personal representative or successor in interest and explain why such person could not be located. The Clerk of the Court is directed to serve this order on Supervising Deputy Attorney General Monica Anderson. (cc: Monica Anderson, Attorney General)(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 WILLIAM HACKNEY, 12 13 14 15 16 17 No. 2:15-cv-2160 JAM DB P Plaintiff, v. ORDER CALIFORNIA HEALTH CARE FACILITY, et al., Defendants. Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. It has come to the court’s attention that plaintiff may be deceased. 19 However, no formal notice of death has been filed. Because plaintiff is proceeding in this action 20 pro se and defendants have not yet been served, the court will direct the Office of the Attorney 21 General to look into this matter. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The Office of the Attorney General shall determine whether plaintiff is, in fact, 24 deceased. If so, within thirty days from the date of this order, an attorney from that 25 office shall file a formal notice of plaintiff’s death with the court and serve that notice 26 on plaintiff’s personal representative or successor in interest; or inform the court of the 27 steps they have taken to locate plaintiff’s personal representative or successor in 28 interest and explain why such person could not be located. 1 1 2 3 2. The Clerk of the Court is directed to serve this order on Supervising Deputy Attorney General Monica Anderson. Dated: March 20, 2019 4 5 6 7 8 9 10 DLB:12 DLB:1/Orders/Prisoner.Civil.Rigths.hack2160.death 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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