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Morgan v. Dovey

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


October 18, 2010

DELVON MORGAN, PLAINTIFF,
v.
JOHN DOVEY, ET AL., DEFENDANTS.

ORDER

Plaintiff is a California prisoner proceeding pro se. On May 13, 2010, the court ordered plaintiff to provide the court with the documents necessary for service of process on defendant Evans. Plaintiff has now requested that Rick Hill, the current warden at plaintiff's place of incarceration, be substituted for defendant Evans under Federal Rule of Civil Procedure 25(d). The court will order that defendant Hill be substituted with respect to plaintiff's remaining claims against defendant Evans in his official capacity as Warden of Folsom State Prison. Defendant Evans will remain in the action, however, for any remaining claims against him in his individual capacity. Plaintiff has already sent the court the forms necessary for service of process on defendant Hill. The court will provide plaintiff one more opportunity to submit the forms for service on defendant Evans.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for substitution (#15) is granted.

2. Warden Rick Hill is hereby substituted for defendant Evans as to any remaining claims against defendant Evans in his official capacity as Warden of Folsom State Prison.

3. The Clerk of the Court shall send plaintiff a USM-285 form and an instruction sheet.

4. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and the USM-285 form for defendant Evans.

5. Plaintiff need not attempt service on defendant Evans and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve defendant Evans pursuant to Federal Rule of Civil Procedure 4 without payment of costs.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed completed USM-285 form Plaintiff DATED:

20101018

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