(PC) Hackney v. California Health Care Facility, et al., No. 2:2015cv02160 - Document 60 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/08/19 RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HACKNEY, 12 13 14 15 No. 2:15-cv-2160 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA HEALTH CARE FACILITY, et al., Defendants. 16 17 18 Plaintiff was a state inmate proceeding pro se with a civil rights action pursuant to 42 19 U.S.C. § 1983. A suggestion of death upon the record pertaining to the death of plaintiff was 20 filed on April 11, 2019. (ECF No. 58.) Pursuant to Federal Rule of Civil Procedure 25, a motion 21 for substitution of a proper party must be made no later than ninety days after the death is 22 suggested upon the record. That time period has now expired, and no motion for substitution has 23 been filed. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after service of these findings and recommendations, any written objections may be filed with the 28 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 1 1 Recommendations.” Any response to the objections shall be filed and served within fourteen 2 days after service of the objections. Failure to file objections within the specified time may waive 3 the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: August 8, 2019 5 6 7 8 9 10 11 12 13 DLB:12 14 DLB:1/Orders/Prisoner/Civil.Rights/hack2160.death.fr 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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