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Davis v. CDCR

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 16, 2009

MAURICE DAVIS, JR., PLAINTIFF,
v.
CDCR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, died in custody during the pendency of this action, on 3/28/08. As noted in the Order, filed on 7/30/08, defendants' counsel indicated his intent to notify the court as soon as personal service upon plaintiff's designated next-of-kin, for whom defense counsel had two potential addresses was confirmed. In the prior Order, the undersigned stated that upon receipt of counsel's confirmation of personal service or an explanation why such service could not be effected, the court would make a further order, pursuant to Fed. R. Civ. 25(a). Because counsel for the defendants has not yet followed up in this court, counsel is now ORDERED, within 15 days, to inform the court whether or not personal service of the suggestion of death has been effected upon the representative of plaintiff's estate, pursuant to Fed. R. Civ. P. 4 and 25, or an explanation as to why such service could not be effected.

20090116

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