(PC) Sims v. Smith ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARIUS SIMS, No. 2:16-cv-2329 KJM AC P 12 Plaintiff, 13 V. ORDER 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