Demings

Demings v. Allison

Good Law
United States District Court, Northern District of CaliforniaFebruary 8, 20225:21-cv-00828California486 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN DEMINGS, Case No. 21-cv-00828-EMC

Plaintiff,

ORDER DISMISSING DEFENDANT

v. THARRATT

K. ALLISON, et al., Defendants.

12 13 The Court ordered service upon a number of defendants in this case, including Dr. R. Steven Tharratt, on May 6, 2021, through the California Department of Corrections and Rehabilitation (CDCR) e-service program for civil rights cases from prisoners in CDCR custody. Docket No. 12. CDCR’s Report of E-Service Waiver, a restricted entry at Docket No. 14, indicates that Dr. Tharratt did not waive personal service because he is deceased. This Court understands, as the Attorney General has represented to another court in this district, that “[t]o the best of [the Attorney General’s] knowledge, Mr. Tharratt died on August 20, 2020.” See Case No. 3:20-cv-07845-CRB, Docket No. 37, 37-1. The Court takes judicial notice pursuant to Federal Rule of Evidence 201 of the filing in that case, which…

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