Hackney v. California Health Care Facility, et al.

Filing 60

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/08/19 RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez. 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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WILLIAM HACKNEY,

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No. 2:15-cv-2160 JAM DB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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Plaintiff was a state inmate proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. A suggestion of death upon the record pertaining to the death of plaintiff was

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filed on April 11, 2019. (ECF No. 58.) Pursuant to Federal Rule of Civil Procedure 25, a motion

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for substitution of a proper party must be made no later than ninety days after the death is

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suggested upon the record. That time period has now expired, and no motion for substitution has

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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 8, 2019

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DLB:12

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DLB:1/Orders/Prisoner/Civil.Rights/hack2160.death.fr

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