(PC) Spence v. McCorkle et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GERALD SPENCE,
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Plaintiff,
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No. 2:23-cv-0953 TLN CKD P
v.
FINDINGS AND RECOMMENDATIONS
MCCORKLE, et al.,
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Defendants.
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On July 15, 2024, the court was informed in Spence v. Johnson, No. 2:21-cv-0692 DAD
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AC P that plaintiff is deceased. Thereafter, the court ordered that any motion to substitute
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plaintiffs under Rule 25(a) of the Federal Rules of Civil Procedure must be filed no later than
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October 14, 2024. No motion to substitute has been filed. Accordingly, IT IS HEREBY
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RECOMMENDED that this action be dismissed.
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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 days
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after service of these findings and recommendations, any written objections may be filed with the
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court. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendations.” Any response to the objections shall be filed and served within fourteen
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days after service of the objections. Failure to file objections within the specified time may waive
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the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: October 23, 2024
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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spen0953.dea
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