(PC) Herrera v. Diaz, No. 2:2017cv02123 - Document 10 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/7/2018 RECOMMENDING this action be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days after service of these findings and recommendations. (Henshaw, R)
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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 ARMANDO HERRERA, 12 Plaintiff, 13 14 No. 2:17-cv-2123 JAM KJN P v. FINDINGS AND RECOMMENDATIONS DIAZ, 15 Defendant. 16 A suggestion of death upon the record pertaining to the death of plaintiff was filed on 17 18 January 31, 2018. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a 19 proper party must be made no later than ninety days after the death is suggested upon the record. 20 That time period has now expired, and no motion for substitution has been filed. 21 Accordingly, IT IS HEREBY RECOMMENDED that this action 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 fourteen days 24 after service of these findings and recommendations, any written objections may be filed with the 25 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 26 Recommendations.” Any response to the objections shall be filed and served within fourteen 27 //// 28 //// 1 1 days after service of the objections. Failure to file objections within the specified time may waive 2 the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: May 7, 2018 4 5 herr2123.dea.fr 6 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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