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Portnoy v. City of Davis

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


May 6, 2009

SERGEI PORTNOY, ET AL., PLAINTIFFS,
v.
CITY OF DAVIS, ET AL., DEFENDANTS.

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

ORDER

Plaintiffs are proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983.*fn1 By order filed December 9, 2008, the United States Marshal was directed to serve process on defendants in this action, including defendant Narr. On January 28, 2009, the United States Marshal returned service unexecuted on defendant Narr because said individual is deceased. In light of the suggestion of Narr's death upon the record, the Clerk of the Court will be directed to serve a copy of the USM-285 form returned by the Marshal on plaintiffs together with a copy of this order. Service of said form will invoke the ninety day time limit for filing a motion for substitution pursuant to Federal Rule of Civil Procedure 25(a)(1).

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall serve on plaintiffs forthwith a copy of the USM-285 form returned by the United States Marshal on January 28, 2009 together with this order.


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