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EDWARD LEE CHOYCE, Plaintiff, v. ALAMEDA COUNTY SHERIFF'S DEPT.; et al., Defendants.

ORDER

MARILYN PATEL, District Judge

On April 29, 2010, defense counsel filed a notice of the reported death of the plaintiff, Edward Choyce, on April 7, 2010. "If a party dies and the claim is not extinguished, the court may order 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 motion is not made within 90 days after the service of a statement noting the death, the action by or against the decedent must be dismissed." Fed.R.Civ.P. 25(a).

The clerk will mail a copy of this order to plaintiff at the two addresses he provided: the Alameda County Jail and at Apt. # 802, 1050 7th Street, Oakland, CA 94607. If plaintiff's next of kin or legal representative desires to prosecute this action, he or she shall file a motion for substitution of party no later than July 29, 2010. If no such motion is filed by that deadline, this action will be dismissed without further notice.

IT IS SO ORDERED.

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CHOYCE v. ALAMEDA COUNTY SHERIFF'S DEPT
(May 1, 2010)