(PC) Brown v. Sagireddy ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEXTER BROWN, No. 2:17-cv-2041 KJM AC P 11 Plaintiff, 12 v. ORDER 13 PURUSHOTTAMA SAGIREDDY, 14 Defendant. 15 16 This prisoner civil rights action proceeds on plaintiff’s First Amended Complaint against 17 one defendant for whom electronic service of process was recently ordered. See ECF No. 22. 18 However, in another of plaintiff’s cases pending in this court, attempted service of a court order 19 by mail was rejected due to plaintiff’s death. See Brown v. Ram et al., Case No. 2:20-cv-0154 20 JAM KJN P, docket entry dated May 8, 2020.1 21 Because sole defendant Dr. Purushottama Sagireddy, believed to be a contract employee 22 with the California Department of Corrections and Rehabilitation, has not yet appeared in this 23 action, the court will request that an attorney with the Office of the California Attorney General 24 specially appear in this case to file a formal notice of plaintiff’s death and to serve such notice on 25 any potential successor or representative. 26 1 This court may take judicial notice of its own records and the records of other courts. See United States v. Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004); United States v. Wilson, 631 27 F.2d 118, 119 (9th Cir. 1980); see also Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be 28 questioned). MAG Get INIT ENN RUC OI ee Ye eM 1 Accordingly, IT IS HEREBY ORDERED that, within twenty-one (21) days after the 2 | filing date of this order, a California Deputy Attorney General (DAG) shall specially appear in 3 | this action and: 4 1. File a formal statement noting plaintiff’ s death. 5 2. Serve such statement on any known potential successor or representative of plaintiff 6 || who may seek to substitute as the proper party in this case in a representative capacity. See Fed. 7 | R. Civ. P. 25(a)(3); see also Fed. R. Civ. P. 4 and 5; Barlow v. Ground, 39 F.2d 231, 233-34 (9th 8 || Cir. 1994). Such notice must inform any potential successor or representative that a motion for 9 | substitution must be made within ninety (90) days after service of the statement noting death. See 10 || Fed. R. Civ. P. 25(a)(1). 11 3. File certificates of service on each potential successor or representative. 12 | DATED: May 19, 2020 . . 13 Cthren— Mare 14 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28