IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 13, 2009
PAUL WILLIAM JENSEN, PLAINTIFF,
M. E. KNOWLES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge
Plaintiff, a state prisoner proceeding pro se, commenced this civil rights action pursuant to 42 U.S.C. § 1983 on October 29, 2002. Docket No. 1. On January 29, 2009, Defendants filed a notice of Plaintiff's death. Docket No. 108. As more than 90 days have elapsed since the filing of the notice and no successor or representative has filed for substitution, this case will be dismissed. See Fed. R. Civ. P. 25(a). However, because the notice of death was never served on Plaintiff's successor or representative*fn1 the Court dismisses the action without prejudice.
IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT PREJUDICE.