LINDELL v. FRIDAY

BARBARA CRABB, Chief Judge, District

Plaintiff has filed a motion to compel pursuant to Fed.R.Civ.P. 25 (a). Plaintiff asks the court to compel Assistant Attorney General Hoel to disclose the identity and address of the representative for the estate of defendant Paulino Belgado. In addition, plaintiff asks the court to substitute defendant Belgado's estate in place of Belgado's name in this case. Plaintiff makes these requests because he has discovered that defendant Belgado is deceased and he wishes to appeal this court's grant of summary judgment in favor of defendant Belgado on November 21, 2003.

In the November 21, 2003 opinion and order, I dismissed defendant Belgado from this case. As a result, defendant Belgado is no longer a party to this action and there is no need to substitute the name of his estate for him. Plaintiff's motion is DENIED as unnecessary.