Birrell, et al., v. Fox, et al.,

Filing 65

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/11/2022 RECOMMENDING that plaintiff Sargent be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after service of these findings and recommendations. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESLEY BIRRELL, et al.,

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Plaintiff,

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No. 2:16-cv-1818 KJM CKD P

v.

FINDINGS AND RECOMMENDATIONS

ROBERT W. FOX , et al.,

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Defendants.

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A suggestion of death upon the record pertaining to the death of plaintiff Sargent was filed

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on July 6, 2022. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a

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proper party must be made no later than ninety days after the death is suggested upon the record.

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That time period has now expired, and no motion for substitution has been filed.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff Sargent 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.” 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: October 11, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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birr1818.death.fr

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