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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOE ABBOTT,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-04004-SI

v.
E. TOOTELL, et al.,

ORDER SETTING DEADLINE FOR
SUBSITUTION OF PARTY DUE TO
PLAINTIFF'S DEATH

Defendants.

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This civil rights action was filed pro se by a prisoner on death row at San Quentin State

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Prison. Efforts are underway to serve defendants with the summons and complaint, but no

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defendant has yet appeared.

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In another one of plaintiff’s cases, Abbott v. Tootell, No. 11-cv-183 LHK, plaintiff was

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represented by counsel who, in a joint status report filed February 6, 2018, confirmed that plaintiff

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died on January 31, 2018. In light of the death of plaintiff, the clerk shall send a copy of this order

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to the warden of San Quentin State Prison. Prison officials are requested to forward this order to

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whomever the prison records show as plaintiff’s next of kin. If plaintiff’s next of kin desires to

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continue with this case, he or she shall file a notice of substitution within ninety days after the

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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
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SUSAN ILLSTON
United States District Judge