Gress v. Smith, et al.

Filing 183

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/17/19 RECOMMENDING that this action be dismissed. Referred to Judge Troy L. Nunley. 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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MICHAEL GRESS,

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Plaintiff,

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No. 2:13-cv-0328 TLN KJN P

v.

FINDINGS AND RECOMMENDATIONS

DR. CHRISTOPHER SMITH, et al.,

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Defendants.

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A suggestion of death upon the record pertaining to the death of plaintiff was filed on

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April 10, 2019. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a

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

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That 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.

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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 17, 2019

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/gres0328.death.fr

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