Savage v. Dickinson et al

Filing 44

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/06/14 recommending that defendant Andreason be dismissed from this action. Referred to Judge Morrison C. England Jr. 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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BOB SAVAGE,

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No. 2:11-cv-1652-MCE-EFB P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

K. DICKINSON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On March 7, 2014, the United States Marshal returned service unexecuted as to

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defendant Andreason on the grounds that the defendant is deceased. ECF No. 34. No party has

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filed a formal suggestion of death in accordance with Rule 25 of the Federal Rules of Civil

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Procedure, which establishes the procedure to be followed if a party dies during the pendency of

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an action. See Fed. R. Civ. P. 25; Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994).

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Accordingly, IT IS HEREBY RECOMMENDED that defendant Andreason be dismissed

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from this action. See Fed. R. Civ. P. 25(a)(1) (if motion for substitution “is not made within 90

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days after service of a statement noting the death, the action by or against the decedent must be

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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 being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 6, 2014.

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