Rodriguez v. Tilton, et al

Filing 210

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/23/14 recommending that this action be dismissed as to defendants Duclos. Referred to Judge Garland E. Burrell; Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS VALENZUELA RODRIGEUZ,

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No. 2:08-cv-01028 GEB AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

JAMES TILTON, et al.,

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Defendants.

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A suggestion of death upon the record pertaining to defendant Duclos was filed on March

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24, 2014. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a proper

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party must be made no later than ninety days after the death is suggested upon the record. That

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time period has now expired, and no motion for substitution has been filed.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed as to
defendant Duclos.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after service of these findings and recommendations, any written objections may be filed with the

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court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Any response to the objections shall be filed and served within fourteen

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days after service of the objections. Failure to file objections within the specified time may waive
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the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: July 23, 2014

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