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Colon v. Clair

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 23, 2010

GILBERT F. COLON, PLAINTIFF,
v.
DR. ST. CLAIR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION FOR COURT ASSISTANCE TO DISCOVER INFORMATION (Doc. 57.) ORDER EXTENDING TIME FOR PLAINTIFF TO RENEW MOTION FOR SUBSTITUTION THIRTY DAY DEADLINE

Gilbert F. Colon ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on June 28, 2007. (Doc. 1.) This action now proceeds on Plaintiff's Amended Complaint filed on June 5, 2008, against defendants Sydenstricker, Greenough,*fn1 Peterson, Thomatos, and Witwer, for inadequate medical care in violation of the Eighth Amendment.*fn2

(Doc. 13.)

On November 22, 2010, Plaintiff filed a motion for the Court to assist him in identifying and obtaining addresses for the successors or representatives of Dr. Greenough, or their attorneys, to enable Plaintiff to serve a motion for substitution under Rule 25(a)(1). (Doc. 57.) As Plaintiff was informed in the Court's order issued on November 8, 2010, it is Plaintiff's responsibility to identify and locate Dr. Greenough's heirs or representatives and serve them with a copy of the motion for substitution, pursuant to Rule 25(a)(1). Therefore, Plaintiff's motion is denied. Plaintiff shall be granted additional time in which to renew his motion for substitution.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for Court assistance in identifying and locating defendant Greenough's heirs or representatives is DENIED;

2. Plaintiff is granted thirty days from the date of service of this order in which to renew his motion for substitution under Rule 25(a)(1), pursuant to the Court's order of November 8, 2010; and

3. Plaintiff's failure to file a motion for substitution shall result in the dismissal of defendant Greenough from this action.

IT IS SO ORDERED.


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