(PC) Sims v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS SIMS, No. 2:16-cv-2329 KJM AC P Plaintiff, V. ORDER CHRISTOPHER SMITH, et al., Defendants. 16 In light of the statement noting the death of plaintiff Darius Sims (ECF No. 25), defendant 18 || will be directed to serve the statement pursuant to Federal Rule of Civil Procedure 25(a)(3). 19 || Defendant shall forthwith serve the statement noting death on parties and any known successors 20 || or representatives of the deceased party as provided in Federal Rules of Civil Procedure 5 and 4, || respectively. Fed. R. Civ. P. 25(a)(3); see also Barlow v. Ground, 39 F.3d 231, 233-34 (9th Cir. 1994). Accordingly, IT IS HEREBY ORDERED that defendants shall serve the September 29, 24 || 2019 statement noting death pursuant to Federal Rule of Civil Procedure 25(a)(3) within twenty- || one days of this order and shall file a certificate of service with the court. || DATED: October 3,…