Petrarca v. Aranas et al

Filing 29

ORDER that this case is dismissed with prejudice. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Richard F. Boulware, II on 3/2/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD W. PETRARCA,

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Plaintiff,

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Case No. 2:15-cv-01231-RFB-CWH
ORDER

v.
DR. ROMEO ARANAS et al.,

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Defendants.

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I.

DISCUSSION

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In June 2015, Plaintiff, then a pro se prisoner, initiated this civil rights action

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pursuant to 42 U.S.C. § 1983. (ECF No. 1-1). In April 2016, the Court appointed Cal J.

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Potter IV, Esq. as pro bono counsel. (ECF No. 23). On July 13, 2016, Mr. Potter filed a

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notice of death upon the record as to Plaintiff. (ECF No. 27). On August 23, 2016, the

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Court issued an order, pursuant to Fed. R. Civ. P. 25(a)(1), which directed any party or

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the decedent’s successor or representative to file a motion for substitution. (ECF No. 28).

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The Court stated that, if there was no motion for substitution within ninety (90) days, the

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Court would dismiss the case. (Id. at 2). The 90-day period has expired and nobody has

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filed a motion for substitution. The Court now dismisses this case with prejudice.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that this case is dismissed with

prejudice.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

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DATED THIS 2nd day of March, 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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