Gates v. Baker et al

Filing 31

ORDERED that this action is dismissed with prejudice because no motion for substitution was made in accordance with the Court's January 13, 2021 order (ECF No. 27 ). The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 6 7 8 RICHARD R. GATES, Case No. 3:19-cv-00309-MMD-WGC Plaintiff, ORDER v. R. BAKER, et. al., Defendants. 9 10 On June 6, 2019, Plaintiff Richard Gates, then an inmate in the custody of the 11 Nevada Department of Corrections, initiated this prisoner civil rights action pursuant to 42 12 U.S.C. § 1983. (ECF No. 1-1.) On January 12, 2021, Defendants filed a suggestion of 13 death on the record. (ECF No. 26.) On January 13, 2021, pursuant to Federal Rule of 14 Civil Procedure 25(a)(1), the Court directed any party or the decedent’s successor or 15 representative to file a motion for substitution within 90 days after service of a statement 16 noting death. (ECF No. 27.) That deadline has now expired, and no party has filed a 17 motion for substitution. 18 Under Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim is 19 not extinguished, the court may order substitution of the proper party. A motion for 20 substitution may be made by any party or by the decedent’s successor or representative. 21 If the motion is not made within 90 days after service of a statement noting the death, the 22 action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1). 23 It is therefore ordered that this action is dismissed with prejudice because no 24 motion for substitution was made in accordance with the Court’s January 13, 2021 order. 25 The Clerk of Court is directed to enter judgment accordingly and close this case. 26 DATED THIS 26th Day of April 2021. 27 28 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE

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