Thomas v. Bick et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSH THOMAS,
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No. 2:16-cv-1425 TLN CKD P
Plaintiff,
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v.
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J. BICK,
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FINDINGS AND RECOMMENDATIONS
Defendants.
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On June 7, 2018, defendants Bick and Dhillon filed notice with the court, pursuant to
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Federal Rule of Civil Procedure 25(a), that plaintiff is deceased. Under that rule, a motion to
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substitute a party for a deceased party must be filed within 90 days of service of the notice of
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death. No motion for substitution has been made. That being the case, Rule 25 requires that this
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action be dismissed.
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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 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: September 24, 2018
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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thom1425.25
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