Herrera v. Diaz

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/2018 ORDERING Senior Deputy Attorney General Monica Anderson to serve a statement noting Plaintiff's death pursuant to FRCP 25(a)(3) and file a certificate of service with the court within 21 days from the date of this order. (cc: Monica Anderson, Supervising Deputy Attorney General) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO HERRERA,

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Plaintiff,

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No. 2:17-cv-2123 JAM KJN P

v.

ORDER

DIAZ,

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Defendant.

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On January 16, 2018, mail addressed to plaintiff was returned marked “undeliverable,

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deceased.” Because it appears that plaintiff is deceased, Senior Deputy Attorney General Monica

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Anderson is directed to serve the statement pursuant to Federal Rule of Civil Procedure 25(a)(3).

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DAG Anderson shall forthwith serve the statement noting death on any known next of kin,

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successors, or representatives of the deceased party Armando Herrera, as provided in Rules 5 and

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4 of the Federal Rules of Civil Procedure, respectively. See Fed. R. Civ. P. 25(a)(3); see also

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Barlow v. Ground, 39 F.3d 231, 233-34 (9th Cir. 1994).
Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of

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this order, Senior Deputy Attorney General Monica Anderson shall serve the statement noting

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plaintiff’s death pursuant to Federal Rule of Civil Procedure 25(a)(3), and shall file a certificate

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of service with the court; and

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2. The Clerk of the Court is directed to serve a copy of this order on Monica Anderson,

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Supervising Deputy Attorney General.

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Dated: January 19, 2018

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herr2123.dea

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