Allen v. Kramer et al

Filing 101

ORDER ADOPTING Findings and Recommendations 97 , 100 signed by District Judge Dale A. Drozd on 1/13/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ALLEN,

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Plaintiff,

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No. 1:15-cv-01609-DAD-JDP (PC)

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

CLIFF ALLENBY, et al,
(Doc. Nos. 97, 100)

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Defendants.

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Plaintiff David Allen is a state prisoner proceeding in this civil rights action pursuant to

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42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 8, 2020, plaintiff filed a motion for substitution of deceased defendant Cliff

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Allenby for the purposes of pursuing his individual capacity claims against defendant Allenby.

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(Doc. No. 97.) On August 11, 2020, the assigned magistrate judge ordered defendants to respond

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to plaintiff’s motion. (Doc. No. 98.) On August 2, 2020, defendant Stephanie Clendenin—

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defendant Allenby’s successor with respect to plaintiff’s official capacity claims—responded

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stating that she was unable to identify defendant Allenby’s representative or successor. (Doc. No.

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99.)

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On December 11, 2020, the magistrate judge entered findings and recommendations,
recommending that plaintiff’s motion for substitution be denied and that defendant Allenby be
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dismissed from this action. (Doc. No. 100.) The findings and recommendations were served on

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the parties and contained notice that objections thereto were to be filed within fourteen (14) days

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after service. (Id. at 3.) To date, no objections to the findings and recommendations have been

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filed, and the time in which to do so has now passed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on December 11, 2020 (Doc. No. 100)
are adopted in full;

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Plaintiff’s motion for substitution of deceased defendant Cliff Allenby (Doc. No.
97) is denied;

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3.

Defendant Cliff Allenby is dismissed from this action without prejudice; and

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4.

This case is referred back to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

January 13, 2021
UNITED STATES DISTRICT JUDGE

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