(PC) Williams v. Andreasen, et al, No. 2:2004cv02515 - Document 61 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/10/09 RECOMMENDING that this action be dismissed. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(PC) Williams v. Andreasen, et al Doc. 61 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER WILLIAMS, Plaintiff, 11 vs. 12 13 No. CIV S-04-2515 FCD EFB P ANDREASON, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 On November 29, 2004, plaintiff commenced this action alleging that defendants violated 16 17 his civil rights. See 42 U.S.C. § 1983. On July 7, 2009, after the court’s pretrial order was 18 returned as undeliverable by mail because plaintiff is deceased, the court ordered defendant to 19 file a proof of service of the suggestion of death on the nonparty successors or representatives of 20 plaintiff, or a declaration indicating why service was not possible and detailing the efforts made 21 to achieve it. Dckt. No. 59. On August 6, 2009, defendants’ counsel filed a declaration detailing 22 her attempts to serve deceased plaintiff’s next of kin with a statement noting his death. 23 Defendants’ filing triggered the 90-day period within which a person who wishes to substitute 24 for the deceased may file a motion for substitution. Fed. R. Civ. P. 25(a)(1). Dismissal is 25 mandatory if no such motion is filed within the 90-day period. Id. 26 //// 1 Dockets.Justia.com 1 2 3 4 5 The court finds that 90 days have passed since defendants filed the declaration, and no motion for substitution has been filed. Accordingly, it hereby is RECOMMENDED that this action be dismissed pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure. These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: November 10, 2009. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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