Timberland v. Mascarenas et al

Filing 82

ORDER WITHDRAWING 80 Findings and Recommendations signed by Magistrate Judge Gary S. Austin on 6/3/2021. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RONALD TIMBERLAND,

12

Plaintiff,

13
14

1:16-cv-00922-NONE-GSA-PC
ORDER WITHDRAWING FINDINGS AND
RECOMMENDATIONS

vs.
(ECF No. 80.)
G. MASCARENAS, et al.,

15

Defendants.

16
17
18

Ronald Timberland (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

19

action seeking relief under 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this

20

action on June 27, 2016. (ECF No. 1.) This case now proceeds with Plaintiff’s Second Amended

21

Complaint, filed on June 20, 2018, against defendant G. Mascarenas (Correctional Counselor I)

22

(“Defendant”) for failure to protect Plaintiff in violation of the Eighth Amendment. (ECF No.

23

26.)

24

On January 6, 2020, Defendant Mascarenas filed a motion for summary judgment. (ECF

25

No. 51.) On December 16, 2020, the court issued findings and recommendations, recommending

26

that Defendant Mascarenas’s motion for summary judgment be granted. (ECF No. 80.) On

27

December 29, 2020, the United States Postmaster returned the findings and recommendations to

28

the court as undeliverable, with notice that Plaintiff was deceased. (Court Record.)
1

1

On March 1, 2021, defense counsel (Counsel) filed a Notice of Suggestion of Death of

2

Plaintiff, in accordance with Federal Rule of Civil Procedure 25(a), advising the court that

3

Counsel had been advised of the death of Plaintiff Ronald Timberland, who died on December

4

19, 2020. (ECF No. 81.)

5
6
7
8

In light of Counsel’s Notice in accordance with Rule 25(a), the court shall withdraw the
findings and recommendations issued on December 16, 2020.
Based on the foregoing, IT IS HEREBY ORDERED that the findings and
recommendations issued on December 16, 2020, are WITHDRAWN.

9
10
11
12

IT IS SO ORDERED.
Dated:

June 3, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2