Opinion
Case No. 2:02-cv-02373 JKS P.
May 13, 2009
ORDER
Plaintiff, a state prisoner proceeding pro se, commenced this civil rights action pursuant to 42 U.S.C. § 1983 on October 29, 2002. Docket No. 1. On January 29, 2009, Defendants filed a notice of Plaintiff's death. Docket No. 108. As more than 90 days have elapsed since the filing of the notice and no successor or representative has filed for substitution, this case will be dismissed. See Fed.R.Civ.P. 25(a). However, because the notice of death was never served on Plaintiff's successor or representative the Court dismisses the action without prejudice.
Defendants represent that there are no known successors.
IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT PREJUDICE.