Tunstall v. Bick et al

Filing 162

ORDER signed by Magistrate Judge Dennis M. Cota on 12/20/2022 DIRECTING counsel for defendants to file a report on the status of providing notice to any next of kin with 30 days and DENYING AS MOOT 151 Motion for Court Order and 160 Motion to Appoint Counsel. (Coll, A)

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Case 2:16-cv-02604-KJM-DMC Document 162 Filed 12/20/22 Page 1 of 1 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT WILLIAM TUNSTALL, JR., 12 13 14 15 No. 2:16-CV-2604-KJM-DMC-P Plaintiff, v. ORDER JOSEPH BICK, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On October 13, 2022, Defendants filed a notice of the death of Plaintiff. See 19 ECF No. 161. Subsequent to that filing, the Court became aware following inquiry by staff to the 20 prison that Plaintiff may have living next of kin. Within 30 days of the date of this order, counsel 21 for Defendants shall file a report on the status of providing notice to any next of kin. Given 22 Plaintiff’s death, the pending motions for a court order regarding access to Plaintiff’s legal 23 papers, ECF No. 151, and for the appointment of counsel, ECF No. 160, are denied as moot. 24 25 IT IS SO ORDERED. Dated: December 20, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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