(PC) Sims v. Smith

Opinion

1 2 3 4 5 6 7 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARIUS SIMS, No. 2:16-cv-2329 KJM AC P 12 Plaintiff, 14 CHRISTOPHER SMITH, et al., 15 Defendants. 16 17 In light of the statement noting the death of plaintiff Darius Sims (ECF No. 25), defendant 18 will be directed to serve the statement pursuant to Federal Rule of Civil Procedure 25(a)(3). 19 Defendant shall forthwith serve the statement noting death on parties and any known successors 20 or representatives of the deceased party as provided in Federal Rules of Civil Procedure 5 and 4, 21 respectively. Fed. R. Civ. P. 25(a)(3); see also Barlow v. Ground, 39 F.3d 231, 233-34 (9th Cir. 22 1994). 23 Accordingly, IT IS HEREBY ORDERED that defendants shall serve the September 29, 24 2019 statement noting death pursuant to Federal Rule of Civil Procedure 25(a)(3) within twenty- 25 one days of this order and shall file a certificate of service with the court. 26 DATED: October 3, 2019 ™ 7 Aten —Chare ALLISON CLAIRE 28 UNITED STATES MAGISTRATE JUDGE