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Mack v. Ona

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


May 18, 2009

ANTHONY E. MACK, PLAINTIFF,
v.
MARSHA ONA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On January 16, 2009, the court ordered the United States Marshal to serve the complaint on defendant Latteri. Process directed to defendant Latteri was returned unserved because "Dr. Latteri is deceased per his wife."

In light of the suggestion in the record of defendant Latteri's death, plaintiff is directed to seek substitution pursuant to Federal Rule of Civil Procedure 25(a)(1) within 90 days of the date of this order. Plaintiff is cautioned that failure to seek substitution will result in dismissal of this action as against defendant Latteri.

Accordingly, IT IS HEREBY ORDERED that Plaintiff shall seek substitution of defendant Latteri pursuant to Federal Rule of Civil Procedure 25(a)(1) within 90 days of the date of this order.

20090518

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