(PC) Sims v. Smith

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 On October 3, 2019, the undersigned directed defendants to “serve the statement noting death on parties and any known successors or representatives of the deceased party as provided in Federal Rules of Civil Procedure 5 and 4, respectively.” ECF No. 27. On October 7, 2019, defendants served plaintiff’s sister, Carla Bell, with the statement noting plaintiff’s death. ECF No. 28. Service was accomplished by mailing the statement to Ms. Bell at 11334 Cresbook St., Norwalk, CA 90650-3705. Id. From the certificate of service, it does not appear that defendants have properly served Ms. Bell. Although parties may be served by simply mailing the paper to be served under Rule 5, nonparties being served a statement noting death must be served in accordance with the requirements of Rule 4. See ECF No. 27; Fed. R.…