Archuleta v. Grewal et al

Filing 27

NOTICE OF COMMENCEMENT OF 90 DAY SUBSTITUTION PERIOD Motions due by 2/24/2012. Signed by Judge James Ware on 12/15/11. (Attachments: # 1 Certificate/Proof of Service)(sis, COURT STAFF) (Filed on 12/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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RICHARD ARCHULETA,
Plaintiff,

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vs.

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INDERJIT GREWAL, et. al.,
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Defendants.
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No. C 10-02367 JW (PR)
NOTICE OF COMMENCEMENT OF 90DAY SUBSTITUTION PERIOD;
INSTRUCTIONS TO CLERK

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Plaintiff Richard Archuleta filed a pro se complaint under 42 U.S.C § 1983

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alleging that medical personnel at the Correctional Training Facility (“CTF”) in

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Soledad, California, were deliberately indifferent to his serious medical needs. Doc #1.

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On September 23, 2011, defendants notified that court that mail addressed to plaintiff

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had been returned to them marked “Deceased.” On October 26, 2011, defendants

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served Plaintiff’s successor, Ms. Beland Rand (a.k.a. Bellin Archuleta) with a statement

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of fact of death.

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Ms. Rand is hereby notified that the service of the statement of death commences

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the 90-day period for substitution motions set forth in Federal Rule of Civil Procedure

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25(a)(1). If any of plaintiff’s successors or representatives, including Ms. Rand,

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wish to continue this action, they must file a substitution motion, substituting

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themselves for plaintiff in this action, by February 24, 2012.
Rule 25(a)(1) provides that when a party dies and the claim is not extinguished,

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the deceased party’s successors may file a motion for substitution of the proper party to

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replace plaintiff. Fed. R. Civ. P. 25(a)(1). The substitution motion must be filed within

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90 days after service of a statement of death. Id.

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The Clerk is ordered to mail a copy of this notice to Ms. Beland Rand a.k.a.
Bellin Archuleta, at 818 Marvelle Lane #D, Green Bay WI 54304.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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DATED: December 15, 2011
JAMES WARE
United States District Chief Judge

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G:\PRO-SE\JW-SF\CR-10\Archuleta-10-2367-order-substitution.wpd

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