Brown v. Sagireddy

Filing 35

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/1/2020 ADOPTING 34 Findings and Recommendations in full, and DISMISSING this action pursuant to Rule 25(a)(1), Federal Rules of Civil Procedure. CASE CLOSED. (Huang, H)

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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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Plaintiff,

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

v.

ORDER

PURUSHOTTAMA SAGIREDDY,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se who is now deceased, filed this civil rights

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action seeking relief under 42 U.S.C. § 1983. The matter was referred a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 10, 2020, defense counsel filed a notice of plaintiff’s death and informed any

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potential successor in interest that this action must be dismissed if a motion for substitution was

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not made within 90 days. See Fed. R. Civ. P. 25(a)(1). At the conclusion of the 90-day period,

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no motion for substitution was filed. On September 10, 2020, the magistrate judge filed findings

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and recommendations, which were served on plaintiff’s last address of record and contained

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notice therein that any objections were to be filed within fourteen days. Although plaintiff’s copy

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of the findings and recommendations was returned, service of documents at the record address of

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a party is fully effective. See Local Rule 182(f).

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The court presumes that any findings of fact are correct. See Orand v. United States,

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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 10, 2020, are adopted in full; and

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2. This action is dismissed pursuant to Rule 25(a)(1), Federal Rules of Civil Procedure.

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DATED: October 1, 2020.

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