(PC) Catanzarite v. Pierce et al, No. 1:2012cv01502 - Document 41 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant J. Ramos From Action signed by District Judge Lawrence J. O'Neill on 6/12/2014. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN CATANZARITE, 12 Plaintiff, 13 14 v. D. PIERCE, et al., 15 Defendants. 16 Case No.: 1:12-cv-01502-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING DEFENDANT J. RAMOS FROM ACTION PURSUANT TO RULE 25(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE [ECF No. 37] Plaintiff John Catanzarite is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. On January 23, 2014, the U.S. Marshal returned the summons and USM-285 forms as to 19 20 Defendant J. Ramos with a notation that he is deceased. The USM-285 form was served by mail on 21 Plaintiff at his address of record. On May 5, 2014, the Magistrate Judge issued Findings and Recommendation to dismiss 22 23 Defendant J. Ramos pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure for failing to 24 file a motion for substitution. The Findings and Recommendations were served on Plaintiff and 25 contained notice that objections to the Findings and Recommendations were to be filed within thirty 26 days. No objections were to be filed. 27 /// 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 3 Recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed on May 5, 2014, is adopted in full; and 6 2. Defendant J. Ramos is DISMISSED from the action for failure to comply with Rule 25(a)(1) of the Federal Rules of Civil Procedure. 7 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill June 12, 2014 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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