Thomas v. Bick et al

Filing 41

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/24/2018 RECOMMENDING this action be dismissed. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSH THOMAS, 12 No. 2:16-cv-1425 TLN CKD P Plaintiff, 13 v. 14 J. BICK, 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On June 7, 2018, defendants Bick and Dhillon filed notice with the court, pursuant to 18 Federal Rule of Civil Procedure 25(a), that plaintiff is deceased. Under that rule, a motion to 19 substitute a party for a deceased party must be filed within 90 days of service of the notice of 20 death. No motion for substitution has been made. That being the case, Rule 25 requires that this 21 action be dismissed. 22 IT IS HEREBY RECOMMENDED that this action be dismissed. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 objections shall be served and filed within fourteen days after service of the objections. The 1 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: September 24, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 thom1425.25 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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