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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:17-cv-2041 KJM AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

PURUSHOTTAMA SAGIREDDY,

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Defendant.

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Plaintiff Dexter Brown, now deceased, was a state prisoner proceeding pro se with this

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civil rights action. On June 10, 2020, defense counsel filed a notice of plaintiff’s death and

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informed any potential successor in interest that this action must be dismissed if a motion for

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substitution was not made within 90 days. See ECF No. 29; Fed. R. Civ. P. 25(a)(1). The 90-day

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

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Fed.
R. Civ. P. 25(a)(1).

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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 (14)

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days 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 10, 2020

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