Jackson v. Singh et al

Filing 55

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/16/2019 RECOMMENDING this action be dismissed pursuant to Rule 25(a)(1). Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. JACKSON,

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Plaintiff,

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No. 2:14-cv-2809-TLN-EFB P

v.

FINDINGS AND RECOMMENDATIONS

SINGH, et al.,

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Defendants.

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

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U.S.C. § 1983. On October 23, 2018, defendants notified the court of plaintiff’s death by filing a

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“Statement Noting Death of Plaintiff.” ECF No. 52. On February 8, 2019, defendants served the

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statement noting death on plaintiff’s apparent successor-in-interest. ECF No. 54. Service of the

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statement noting death triggered the 90-day deadline by which a person who wishes to substitute

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for the deceased may file a motion to be substituted as the plaintiff. Fed. R. Civ. P. 25(a)(1).

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Dismissal is mandatory if no such motion is filed within the 90-day period. Id.
The court finds that 90 days have passed since defendants served the statement noting

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death, and no motion for substitution has been filed.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed pursuant to
Rule 25(a)(1) of the Federal Rules of Civil Procedure.

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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: May 16, 2019.

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