(PC) Sims v. Smith

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 DARIUS SIMS, No. 2:16-cv-2329 KJM AC P 12 Plaintiff, 13 V. ORDER 14 CHRISTOPHER SMITH, et al., 15 Defendants.

17 In light of the statement noting the death of plaintiff Darius Sims (ECF No. 25), defendant || 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 || 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).

23 Accordingly, IT IS HEREBY ORDERED that defendants shall serve the September 29, || 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.

26 || DATED: October 3, 2019 ™ 7 Aten —Chare ALLISON CLAIRE 28 UNITED STATES MAGISTRATE JUDGE