Blaine v. California Health Care Facility et al

Filing 103

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/10/17 recommending that this action be dismissed. Referred to Judge Kimberly J. Mueller. 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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VANCE BLAINE,

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Plaintiff,

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No. 2:13-cv-2163 KJM AC P

v.

FINDINGS AND RECOMMENDATIONS

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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Plaintiff, now deceased, was a state prisoner proceeding pro se with this civil rights action.

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On May 1, 2017, defense counsel filed a notice of plaintiff’s death and informed the court that the

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only known contact for plaintiff was an attorney whom plaintiff asked to be notified in the event

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of his death. See ECF No. 101. Pursuant to the Federal Rules of Civil Procedure, a motion for

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substitution of a proper party must be made within ninety days after the death of that party is

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noted on the record and, if such motion is not timely made, the action must be dismissed. See

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Fed. R. Civ. P. 25(a)(1). The ninety-day period has now expired, and no motion for substitution

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has been filed. Neither the referenced attorney nor any other representative or successor of

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plaintiff has sought substitution in this action.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Fed.
R. Civ. P. 25(a)(1).

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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 (14)

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days 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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: August 10, 2017

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