(PC) Spence v. McCorkle et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/23/2024 this action be dismissed. Referred to Judge Troy L. Nunley. Objections to F&R within 14 days. (Yin, K)

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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 GERALD SPENCE, 12 Plaintiff, 13 14 No. 2:23-cv-0953 TLN CKD P v. FINDINGS AND RECOMMENDATIONS MCCORKLE, et al., 15 Defendants. 16 17 On July 15, 2024, the court was informed in Spence v. Johnson, No. 2:21-cv-0692 DAD 18 AC P that plaintiff is deceased. Thereafter, the court ordered that any motion to substitute 19 plaintiffs under Rule 25(a) of the Federal Rules of Civil Procedure must be filed no later than 20 October 14, 2024. No motion to substitute has been filed. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action 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 Recommendations.” Any response to the objections shall be filed and served within fourteen 27 ///// 28 1 1 days after service of the objections. Failure to file objections within the specified time may waive 2 the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: October 23, 2024 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 spen0953.dea 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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