Michael Wayne Fleming v. Unknown Named Officer

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MICHAEL WAYNE FLEMING, ) NO. EDCV 16-684-PSG (AGR) ) Plaintiff, ) ) ORDER OF DISMISSAL v. ) ) OFFICER J. REED, et al., ) ) Defendant. ) ) 14 In this prisoner civil rights case, on April 21, 2020, Defendants filed a Notice of 15 Death of Plaintiff. (Dkt. No. 104.) Plaintiff’s Bivens civil rights claims are not necessarily 16 extinguished by Plaintiff’s death in whole or in part. 17 The court must dismiss the lawsuit if a motion for substitution is not made by any 18 party or by the decedent’s successor or representative within 90 days after service of a 19 statement noting the death. Fed. R. Civ. P. 25(a)(1). Rule 25(a)(1) “requires two 20 affirmative steps in order to trigger the running of the 90 day period.” Barlow v. Ground, 21 39 F.3d 231, 233 (9th Cir. 1994). “First, a party must formally suggest the death of the 22 party upon the record.” Id. That requirement is satisfied by the Defendants’ filing of the 23 Notice of Death. Moss v. Entzel, 2020 U.S.…