1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 MICHAEL WAYNE FLEMING, ) NO. EDCV 16-684-PSG (AGR) ) 10 Plaintiff, ) ) ORDER OF DISMISSAL 11 v. ) ) 12 OFFICER J. REED, et al., ) ) 13 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

(9th Cir. 1994). “First, a party must formally suggest the death of the 22 party upon the record.”

That requirement is satisfied by the Defendants’ filing of the 23 Notice of Death. Moss v. Entzel,

, *7 (C.D. Cal. Feb. 13, 24 2020). “Second, the suggesting party must serve other parties and nonparty successors 25 or representatives of the deceased with a suggestion of death in the same manner as 26 required for service of the motion to substitute.” Barlow,

. “[N]onparty 27 successors or representatives of the deceased party must be served the suggestion of 28 1 || 2020 U.S Dist. LEXIS 27294, *7 (proofs of service upon identified family members). 2 The court ordered Defendants to serve the Notice of Death of Plaintiff upon any 3 || identified family members, successors or representatives of Plaintiff. (Order dated April 4 || 22, 2020, Dkt. No. 105.) Defendants filed a Status Report Re Service of Notice of Death 5 || of Plaintiff and proofs of service. (Dkt. No. 109.) Defendants served the Notice upon 6 || Plaintiffs wife, three sons and one daughter. The date of the last service was June 25, 7 |} 2020. (Dkt. No. 109 at 1; Dkt. No. 109-1.) No one has filed a motion for substitution 8 || within 90 days after service as required by Rule 25. 9 Accordingly, IT IS ORDERED that this action is dismissed. 10 fad & 11 || DATED: _ 10/7/2020 12 Chief United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28