1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 BOBBY BAKER, Case No. 23-cv-03041 NC 11 Plaintiff, ORDER OF DISMISSAL 12

13 v.

14 COUNTY OF ALAMEDA, et al., 15 Defendants. 16

17 18 Plaintiff Bobby Baker was a civil detainee proceeding pro se and proceeding in 19 forma pauperis in this civil rights complaint pursuant to

. This action 20 was filed on February 7, 2023, concerning events which occurred at a jail in Alameda 21 County, where he was temporarily housed pending his commitment trial under California’s 22 Sexually Violent Predator Act (“SVPA”). Dkt. No. 1. On October 30, 2024, counsel for 23 the County of Alameda, Jill Sazama, filed a notice of suggestion of death of Plaintiff 24 Bobby Baker, stating that she was informed by a representative from Coalinga State 25 Hospital that Mr. Baker died on October 18, 2024. Dkt. No. 34. On November 4, 2024, 26 the Court directed Defendants to identify the successor of Mr. Baker’s estate and file a 27 notice of the service of suggestion of death on the successors or representatives under 1 a notice of service of suggestion of death on decedent’s next of kin and estate 2 representative, Mr. Baker’s sister. Dkt. No. 36. 3 Rule 25(a)(1) provides: 4 If a party dies and the claim is not thereby extinguished, the court may 5 order the substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the 6 motion is not made within 90 days after service of a statement noting the 7 death, the action by or against the decedent must be dismissed. 8 Fed. R. Civ. P. 25(a)(1). Two things are required of a party for the running of the 90 day 9 period to commence: a party must (1) formally suggest the death of the party on the record, 10 and (2) serve the suggestion of death on the other parties and nonparty successors or 11 representatives. Barlow v. Ground,

(9th Cir. 1994). A party may be 12 served the suggestion of death by service on his or her attorney, Fed. R. Civ. P. 5(b), while 13 non-party successors or representatives of the deceased party must be served the 14 suggestion of death in the manner provided by Rule 4 for the service of a summons. Fed. 15 R. Civ. P. 25(a)(3); Barlow,

. 16 Defendants have satisfied the two requirements by filing the suggestion of death 17 and their notice of service of the suggestion of death on Mr. Baker’s estate representative. 18 Accordingly, their notice filed on November 25, 2024, triggered the ninety-day period set 19 forth in Rule 25 of the Federal Rules of Civil Procedure. See Barlow,

; Fed. 20 R. Civ. P. 25(a)(1). Because no motion for substitution was filed on or before February 21 24, 2025, this action is DISMISSED pursuant to Rule 25(a). 22 The Clerk shall terminate any pending motions and close the file. 23 IT IS SO ORDERED. 24 Dated: February 27, 2025 _______________________________ 25 NATHANAEL M. COUSINS United States Magistrate Judge 26 Order of Dismissal 27 PRO-SE\NC\CR 2023\03041Baker_dism(deceased-Pl)