-EFB (TEMP)(PC) Quillar v. CA Dept Corrections, et al, No. 2:2004cv01203 - Document 105 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/28/11 recommending that defendant Murray be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 20 days. (Plummer, M)
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-EFB (TEMP)(PC) Quillar v. CA Dept Corrections, et al Doc. 105 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE V. QUILLAR, Plaintiff, 11 vs. 12 13 No. CIV-S-04-1203 KJM EFB (TEMP) P CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS / 15 A suggestion of death upon the record pertaining to the death of defendant Murray was 16 17 filed on September 22, 2010. Pursuant to Federal Rule of Civil Procedure 25, a motion for 18 substitution of a proper party must be made no later than ninety days after the death is suggested 19 upon the record. That time period has now expired, and no motion for substitution has been 20 filed. 21 Accordingly, IT IS HEREBY RECOMMENDED that defendant Murray 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 twenty days 24 after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 1 Dockets.Justia.com 1 within the specified time may waive the right to appeal the District Court’s order. Turner v. 2 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: January 28, 2011. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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