Partida v. Liu et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/2017 ORDERING Senior Deputy Attorney General Monica Anderson to serve the statement noting plaintiff's death pursuant to Fed. R. Civ. P. 25(a)(3) and file a certificate of service with the court within 21 days from the date of this order. (cc: Senior Deputy Attorney General Monica Anderson)(Henshaw, R)

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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 GUSTAVO C. PARTIDA, 12 Plaintiff, 13 14 v. No. 2:17-cv-0694 WBS KJN P ORDER ALEXANDER LIU, et al., 15 Defendants. 16 17 On November 15, 2017, plaintiff’s copy of the November 7, 2017 findings and 18 recommendations was returned as undeliverable, marked “deceased.” Because it appears that 19 plaintiff is deceased, Senior Deputy Attorney General Monica Anderson is directed to serve the 20 statement pursuant to Federal Rule of Civil Procedure 25(a)(3). DAG Anderson shall forthwith 21 serve the statement noting death on any known next of kin, successors, or representatives of the 22 deceased party Gustavo C. Partida, as provided in Rules 5 and 4 of the Federal Rules of Civil 23 Procedure, respectively. See Fed. R. Civ. P. 25(a)(3); see also Barlow v. Ground, 39 F.3d 231, 24 233-34 (9th Cir. 1994). Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of 25 26 this order, Senior Deputy Attorney General Monica Anderson shall serve the statement noting 27 //// 28 //// 1 1 plaintiff’s death pursuant to Federal Rule of Civil Procedure 25(a)(3), and shall file a certificate 2 of service with the court. 3 Dated: November 29, 2017 4 5 /part0694.dea 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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