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Jensen v. Yates

March 23, 2009

PAUL WILLIAM JENSEN, PLAINTIFF,
v.
J. A. YATES, ET AL., DEFENDANTS.



The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge

ORDER SUGGESTING SUGGESTION OF DEATH UPON THE RECORD

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.

On February 18, 2009, findings and recommendations were entered, recommending that Plaintiff's application to proceed in forma pauperis be revoked pursuant to 28 U.S.C. § 1915(g). On March 9, 2009, the recommendation was returned with a notation that Plaintiff is deceased. Pursuant to Fed. R. Civ. P. 25(a)(1), successors or representatives of a deceased party may make a motion for substitution "not later than 90 days after the death is suggested upon the record" and continue the action. Ninety days have expired since the court received notice of plaintiff's death. The court accepts the suggestion of death upon the record. Under Rule 25(a)(1), unless a motion for substitution is made, "the action shall be dismissed as to the deceased party." Absent such a statement, this case will be dismissed on June 23, 2009.

IT IS SO ORDERED.

20090323

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