(PC) Smith v. Diez et al

Filing 37

ORDER signed by Magistrate Judge Dennis M. Cota on 09/30/2021 GRANTING 36 Motion to Substitute. Diaz is DISMISSED with prejudice from this action. (Rodriguez, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY SMITH, Case No. 2:20-cv-00071 JAM DMC P 12 13 v. 14 15 Plaintiff, ORDER GRANTING MOTION FOR AUTOMATIC SUBSTITUTION OF SECRETARY ALLISON AND DISMISSAL OF DEFENDANT DIAZ UNDER FRCP 25(D) R. DIAZ, et al., 16 Defendants. 17 18 Under Fed. Rule Civ. P. 25(d), Secretary K. Allison is substituted for (ret) Secretary R. 19 Diaz. Defendants’ motion to substitute, ECF No. 36, is granted and Diaz is dismissed with 20 prejudice from this action. 21 IT IS SO ORDERED. 22 23 Dated: September 30, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 [Proposed] Order (2:20-cv-00071 JAM DMC P)

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