(PC) Savage v. Dickinson et al, No. 2:2011cv01652 - Document 44 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/06/14 recommending that defendant Andreason be dismissed from this action. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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(PC) Savage v. Dickinson et al Doc. 44 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOB SAVAGE, 12 13 14 No. 2:11-cv-1652-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS K. DICKINSON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On March 7, 2014, the United States Marshal returned service unexecuted as to 19 defendant Andreason on the grounds that the defendant is deceased. ECF No. 34. No party has 20 filed a formal suggestion of death in accordance with Rule 25 of the Federal Rules of Civil 21 Procedure, which establishes the procedure to be followed if a party dies during the pendency of 22 an action. See Fed. R. Civ. P. 25; Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994). 23 Accordingly, IT IS HEREBY RECOMMENDED that defendant Andreason be dismissed 24 from this action. See Fed. R. Civ. P. 25(a)(1) (if motion for substitution “is not made within 90 25 days after service of a statement noting the death, the action by or against the decedent must be 26 dismissed”). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: June 6, 2014. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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