(PC)Jones v. Dazo et al, No. 2:2009cv02974 - Document 13 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/10/11 RECOMMENDING that this case be dismissed re 1 Prisoner Civil Rights Complaint filed by Julius Jones. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC)Jones v. Dazo et al Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIUS JONES, 11 Plaintiff, 12 vs. 13 No. CIV S-09-2974 GEB GGH P A. DAZO, et al., 14 15 FINDINGS and Defendants. RECOMMENDATIONS / 16 According to CDCR, plaintiff died on or about April 25, 2010. Pursuant to order 17 filed September 15, 2010, the undersigned noted that a motion for substitution of a proper party 18 was required to be brought within ninety days pursuant to Fed. R. Civ. P. 25(a)(1). The ninety 19 days has expired, and no substitution has been filed. Therefore, IT IS HEREBY 20 RECOMMENDED that this case be dismissed. 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 23 days after being served with these findings and recommendations, any party may file written 24 objections with the court and serve a copy on all parties. Such a document should be captioned 25 “Objections to Findings and Recommendations.” Any reply to the objections shall be served and 26 filed within fourteen days after service of the objections. The parties are advised that failure to 1 Dockets.Justia.com 1 file objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: February 10, 2011 /s/ Gregory G. Hollows 4 5 UNITED STATES MAGISTRATE JUDGE GGH:035 jone2974.dism 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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