Jones v. Skolnik et al

Filing 591

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 7/13/2017. Plaintiff's Motion for Request to Take Notice of Automatic Substitution Pursuant to FRCP 25(d) is DENIED. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CHRISTOPHER A. JONES, Plaintiff, vs. HOWARD SKOLNIK, et al., Defendants. ____________________________ PRESENT: ) ) ) ) ) ) ) ) ) ) 3:10-cv-00162-LRH-VPC MINUTES OF THE COURT July 13, 2017 THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE DEPUTY CLERK: LISA MANN REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: On February 17, 2017, plaintiff filed a motion for request to take notice of automatic substitution of current Nevada Department of Corrections (“NDOC”) Director, James Dzurenda, for Former NDOC Director, Howard Skolnik, pursuant to Federal Rule of Civil Procedure 25(d) (ECF No. 566). FRCP 25(d) allows for the substitution of public officers when said officer “dies, resigns, or otherwise ceases to hold office while the action is pending.” However, on December 16, 2016, the Ninth Circuit found that Skolnik is entitled to qualified immunity (ECF No. 551), and he was subsequently dismissed as a defendant in this action (ECF No. 569). Accordingly, because the party who plaintiff is requesting be substituted has been dismissed from this action, plaintiff’s motion (ECF No. 566) is DENIED. IT IS SO ORDERED. DEBRA K. KEMPI, CLERK BY: 1 /s/ Deputy Clerk

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