UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 5, 2009
JACK ALLEN WILSON, PLAINTIFF,
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER REQUIRING DEFENDANT TO FILE EITHER ANSWER OR NOTICE OF SUGGESTION OF PLAINTIFF'S DEATH ON THE RECORD WITHIN THIRTY DAYS (Docs. 34 and 35)
This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Jack Allen Wilson, a former state prisoner proceeding pro se and in forma pauperis. On October 7, 2009, the United States Court of Appeals for the Ninth Circuit reversed the order and judgment of this Court finding that Plaintiff failed to exhaust and dismissing the action. Mandate issued on October 29, 2009.
Accordingly, within thirty (30) days from the date of service of this order, Defendant Mata is HEREBY ORDERED to file either an answer to Plaintiff 's amended complaint, Fed. R. Civ. P. 12(a), or a notice of suggestion of Plaintiff's death on the record, Fed. R. Civ. P. 25(a)(1).*fn1
IT IS SO ORDERED.