Oxley v. Madrigal et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAMUEL RUSS OXLEY,
Plaintiff,
v.
MADRIGAL, et al.,
Defendants.
Case No. 23-cv-02371 BLF (PR)
ORDER OF DISMISSAL
Plaintiff, a state prisoner, filed a civil rights complaint under 42 U.S.C. § 1983
against officers and the medical staff at the West County Detention Facility in Contra
Costa County, where he was previously confined. Dkt. No. 1. On September 3, 2025,
counsel for Defendants filed a notice of Plaintiff’s death on June 20, 2025, Dkt. No. 39,
which the Court construed as a notice of suggestion of death which implicated Federal
Rule of Civil Procedure 25(a)’s process for substitution parties due to death. Dkt. No. 40.
Defendants’ counsel was directed to locate and serve the suggestion of death on nonparty
successors or representatives of Plaintiff under Rule 4 within twenty-eight days of the
order. Id. at 2. Pursuant to further court order, Defendants filed notice of service on
Marva L. Oxley, Plaintiff’s closest surviving relative, on September 26, 2025. Dkt. Nos.
43, 44. Defendants noticed Ms. Oxley with her right to file a motion under Rule 25 to

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United States District Court
Northern District of California
substitute in as plaintiff and that she had ninety days to do so; a copy of the last court order
and the statement of Plaintiff’s death was included with the notice. Dkt. No. 44 at 4-5, Ex.
A.
The time for Ms. Oxley to move for substitution has passed with no response.
Accordingly, this action must be dismissed under Rule 25(a)(1) of the Federal Rules of
Civil Procedure. At the court’s discretion, the dismissal shall be without prejudice. See
Zanowick v. Baxter Healthcare, 850 F.3d 1090, 1094, 1096 (9th Cir. 2017).
The Clerk shall terminate any pending motions and close the file.
IT IS SO ORDERED.
Dated: January 6, 2026 	________________________
BETH LABSON FREEMAN
United States District Judge