Abbott v. Tootell et al

Filing 8

ORDER SETTING DEADLINE FOR SUBSITUTION OF PARTY DUE TO PLAINTIFF'S DEATH (Illston, Susan) (Filed on 2/7/2018) (Additional attachment(s) added on 2/7/2018: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOE ABBOTT, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-04004-SI v. E. TOOTELL, et al., ORDER SETTING DEADLINE FOR SUBSITUTION OF PARTY DUE TO PLAINTIFF'S DEATH Defendants. 12 13 This civil rights action was filed pro se by a prisoner on death row at San Quentin State 14 Prison. Efforts are underway to serve defendants with the summons and complaint, but no 15 defendant has yet appeared. 16 In another one of plaintiff’s cases, Abbott v. Tootell, No. 11-cv-183 LHK, plaintiff was 17 represented by counsel who, in a joint status report filed February 6, 2018, confirmed that plaintiff 18 died on January 31, 2018. In light of the death of plaintiff, the clerk shall send a copy of this order 19 to the warden of San Quentin State Prison. Prison officials are requested to forward this order to 20 whomever the prison records show as plaintiff’s next of kin. If plaintiff’s next of kin desires to 21 continue with this case, he or she shall file a notice of substitution within ninety days after the 22 23 24 25 26 27 28 date of this order. See Fed. R. Civ. P. 25(a). If no such notice is filed, the case will be dismissed without further notice. IT IS SO ORDERED. Dated: February 7, 2018 ______________________________________ SUSAN ILLSTON United States District Judge

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