(PC) Howell v. Burns et al, No. 1:2019cv00715 - Document 49 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 47 Findings and Recommendations and DISMISSING Defendant, Sexton, without prejudice signed by District Judge Dale A. Drozd on 7/30/2021. (Lundstrom, T)
Download PDF
<![CDATA[
(PC) Howell v. Burns et al Doc. 49 Case 1:19-cv-00715-NONE-SAB Document 49 Filed 08/02/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, Plaintiff, 12 13 14 15 No. 1:19-cv-00715-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING DEFENDANT SEXTON, WITHOUT PREJUDICE v. MR. J. BURNS, et al., Defendants. (Doc. No. 47) 16 17 Kareem J. Howell (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, 18 filed this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 9, 2021, Defendants filed a statement of fact of Defendant Sexton’s death on 21 the record, and served Defendant Sexton’s successor in interest. (Doc. No. 33.) On June 10, 22 2021, the magistrate judge issued findings and recommendations recommending that defendant 23 Sexton be dismissed from the action, without prejudice, pursuant to Federal Rule of Civil 24 Procedure 25(a)(1). (Doc. No. 47.) The findings and recommendations were served on the 25 parties and contained notice that objections were due within thirty days. (Id. at 2.) 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 court finds the findings and recommendations to be supported by the record and proper analysis. 1 Dockets.Justia.com Case 1:19-cv-00715-NONE-SAB Document 49 Filed 08/02/21 Page 2 of 2 1 Accordingly: 2 1. The findings and recommendations issued on June 10, 2021 (Doc. No. 47), are adopted 3 in full; and 4 2. Defendant Sexton is dismissed from the action, without prejudice, pursuant to Federal 5 Rule of Civil Procedure 25(a)(1). 6 7 8 IT IS SO ORDERED. Dated: July 30, 2021 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
