Brown v. Sagireddy

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 05/19/20 ORDERING that, within 21 days after the filing date of this order, a California Deputy Attorney General shall specially appear in this action and: File a formal statement noting plaintiffs death. Serve such statement on any known potential successor or representative of plaintiff who may seek to substitute as the proper party in this case in a representative capacity. Such notice must inform any potential successor or representative that a motion forsubstitution must be made within 90 days after service of the statement noting death. File certificates of service on each potential successor or representative. (cc: Christopher Becker, Attorney General) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:17-cv-2041 KJM AC P

Plaintiff,

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v.

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ORDER

PURUSHOTTAMA SAGIREDDY,

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Defendant.

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This prisoner civil rights action proceeds on plaintiff’s First Amended Complaint against

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one defendant for whom electronic service of process was recently ordered. See ECF No. 22.

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However, in another of plaintiff’s cases pending in this court, attempted service of a court order

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by mail was rejected due to plaintiff’s death. See Brown v. Ram et al., Case No. 2:20-cv-0154

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JAM KJN P, docket entry dated May 8, 2020.1
Because sole defendant Dr. Purushottama Sagireddy, believed to be a contract employee

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with the California Department of Corrections and Rehabilitation, has not yet appeared in this

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action, the court will request that an attorney with the Office of the California Attorney General

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specially appear in this case to file a formal notice of plaintiff’s death and to serve such notice on

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any potential successor or representative.

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This court may take judicial notice of its own records and the records of other courts. See
United States v. Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004); United States v. Wilson, 631
F.2d 118, 119 (9th Cir. 1980); see also Fed. R. Evid. 201 (court may take judicial notice of facts
that are capable of accurate determination by sources whose accuracy cannot reasonably be
questioned).
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Accordingly, IT IS HEREBY ORDERED that, within twenty-one (21) days after the

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filing date of this order, a California Deputy Attorney General (DAG) shall specially appear in

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this action and:

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1. File a formal statement noting plaintiff’s death.

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2. Serve such statement on any known potential successor or representative of plaintiff

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who may seek to substitute as the proper party in this case in a representative capacity. See Fed.

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R. Civ. P. 25(a)(3); see also Fed. R. Civ. P. 4 and 5; Barlow v. Ground, 39 F.2d 231, 233-34 (9th

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Cir. 1994). Such notice must inform any potential successor or representative that a motion for

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substitution must be made within ninety (90) days after service of the statement noting death. See

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Fed. R. Civ. P. 25(a)(1).
3. File certificates of service on each potential successor or representative.
DATED: May 19, 2020

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