Rodriguez v. Tilton, et al

Filing 245

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/19/16 recommending that this action be dismissed. 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 RODRIGUEZ,

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No. 2:08-cv-1028 GEB AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

JAMES TILTON, et al.,
Defendants.

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A statement noting the death of plaintiff Luis Valenzuela Rodriguez was filed on May 9,

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2016, and states that service of the notice was made on plaintiff’s potential successors the same

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day. ECF No. 244. Pursuant to Federal Rule of Civil Procedure 25(a)(1), if a motion for

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substitution “is not made within 90 days after service of a statement noting the death, the action

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by or against the decedent must be dismissed.” That time period has now expired and no motion

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for substitution has been filed.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.

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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: August 19, 2016

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