Lizarraga
(PC) Sims v. Lizarraga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS SIMS, No. 2:16-cv-0204 JAM AC P Plaintiff, v. ORDER J. CANTU, et al., Defendants. 16 Defendants have filed an amended notice of death, which indicates that it was served by mail on plaintiff’s sister, Carla Bell, at 11334 Cresbook St., Norwalk, CA 90650-3705. ECF No. 40. 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 Federal Rule of Civil Procedure 5, nonparties being served a statement noting death must be served in accordance with the requirements of Rule 4. Fed. R. Civ. P. 25(a)(3); Barlow v. Ground, 39 F.3d 231, 233-34 (9th Cir. 1994). Rule 4(e)(1) states that service may be completed “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made.” Defendants…