Abbott v. Tootell et al
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).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 17-cv-04004-SI
E. TOOTELL, et al.,
ORDER SETTING DEADLINE FOR
SUBSITUTION OF PARTY DUE TO
This civil rights action was filed pro se by a prisoner on death row at San Quentin State
Prison. Efforts are underway to serve defendants with the summons and complaint, but no
defendant has yet appeared.
In another one of plaintiff’s cases, Abbott v. Tootell, No. 11-cv-183 LHK, plaintiff was
represented by counsel who, in a joint status report filed February 6, 2018, confirmed that plaintiff
died on January 31, 2018. In light of the death of plaintiff, the clerk shall send a copy of this order
to the warden of San Quentin State Prison. Prison officials are requested to forward this order to
whomever the prison records show as plaintiff’s next of kin. If plaintiff’s next of kin desires to
continue with this case, he or she shall file a notice of substitution within ninety days after the
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
United States District Judge
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