-EFB (TEMP)(PC) Quillar v. CA Dept Corrections, et al, No. 2:2004cv01203 - Document 107 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 2/2/11 VACATING 105 FINDINGS AND RECOMMENDATIONS; Plaintiff is granted 90 days within which to file a motion for substitution with respect to defendant Murray.(Dillon, M)
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-EFB (TEMP)(PC) Quillar v. CA Dept Corrections, et al Doc. 107 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE V. QUILLAR, 11 Plaintiff, No. CIV S-04-1203 KJM EFB (TEMP) P vs. 12 13 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. ORDER / 15 On January 31, 2011, the court recommended that defendant Murray be dismissed 16 17 because his death had been suggested on the record on September 22, 2010 and plaintiff had 18 failed to file a motion for substitution. See Fed. R. Civ. 25(a)(1). After reviewing the court’s 19 docket, it appears plaintiff did file a motion for substitution on October 15, 2010 pro se which 20 was terminated on November 22, 2010, shortly after plaintiff was appointed counsel. 21 Good cause appearing, IT IS HEREBY ORDERED that: 22 1. The court’s January 31, 2011 findings and recommendations are vacated; and 23 //// 24 //// 25 //// 26 //// 1 Dockets.Justia.com 1 2. Plaintiff is granted 90 days within which to file a motion for substitution with respect 2 to defendant Murray. 3 DATED: February 2, 2011. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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