(PC)Jones v. Dazo et al, No. 2:2009cv02974 - Document 12 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 9/15/2010 FINDINGS AND RECOMMENDATIONS 10 are hereby VACATED; A motion for substitution of a proper party must be made within 90 days. (Reader, L)
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(PC)Jones v. Dazo et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIUS JONES, 11 Plaintiff, 12 vs. 13 No. CIV S-09-2974 GEB GGH P A. DAZO, et al., 14 Defendant. 15 16 ORDER / It has come to this court’s attention that plaintiff is deceased. Although no notice 17 of suggestion of death upon the record under Fed. R. Civ. P. 25(a)(1) has been submitted, the 18 court need not pursue such in light of its inquiry to CDCR, verifying that plaintiff died on or 19 about April 25, 2010. Pursuant to Rule 25(a)(1), a motion for substitution of a proper party must 20 be made no later than ninety days after death is suggested upon the record. In the absence of any 21 such motion, upon the expiration of the ninety-day period, the court will recommend dismissal of 22 this action. See U.S. v. $84,740.000 Currency, 981 F.2d 1110, 1113 (9th Cir. 1992); United 23 States v. Oberlin, 718 F.2d 894, 896 (9th Cir. 1983) (actions upon penal statues do not survive 24 wrongdoer’s death). 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The findings and recommendations filed on August 5, 2010 are hereby vacated. 1 Dockets.Justia.com 1 2 2. A motion for substitution of a proper party must be made within ninety days. DATED: September 15, 2010 3 /s/ Gregory G. Hollows 4 UNITED STATES DISTRICT JUDGE 5 GGH:0014 /jone2974.dec 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2