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.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DAVID WESLEY BIRRELL, et al.,
12
Plaintiff,
13
14
No. 2:16-cv-1818 KJM CKD P
v.
FINDINGS AND RECOMMENDATIONS
ROBERT W. FOX , et al.,
15
Defendants.
16
A suggestion of death upon the record pertaining to the death of plaintiff Sargent was filed
17
18
on July 6, 2022. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a
19
proper party must be made no later than ninety days after the death is suggested upon the record.
20
That time period has now expired, and no motion for substitution has been filed.
21
Accordingly, IT IS HEREBY RECOMMENDED that plaintiff Sargent be dismissed.
22
These findings and recommendations are submitted to the United States District Judge
23
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
24
after service of these findings and recommendations, any written objections may be filed with the
25
court. The document should be captioned “Objections to Magistrate Judge’s Findings and
26
/////
27
/////
28
/////
1
1
Recommendations.” 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: October 11, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
4
5
6
7
8
9
1
birr1818.death.fr
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?