Brown v. Sagireddy

Filing 34

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/10/20 RECOMMENDING that this action be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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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 DEXTER BROWN, 12 13 14 No. 2:17-cv-2041 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PURUSHOTTAMA SAGIREDDY, 15 Defendant. 16 17 Plaintiff Dexter Brown, now deceased, was a state prisoner proceeding pro se with this 18 civil rights action. On June 10, 2020, defense counsel filed a notice of plaintiff’s death and 19 informed any potential successor in interest that this action must be dismissed if a motion for 20 substitution was not made within 90 days. See ECF No. 29; Fed. R. Civ. P. 25(a)(1). The 90-day 21 period has now expired, and no motion for substitution has been filed. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 25(a)(1). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 26 days after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 1 objections shall be served and filed within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: September 10, 2020 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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