(PC) Gomes v. Mathis, et al, No. 2:2019cv01499 - Document 73 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 11/29/21 RECOMMENDING that this action be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAWRENCE E. GOMES, 12 Plaintiff, 13 14 No. 2:19-CV-1499-KJM-DMC-P v. FINDINGS AND RECOMMENDATIONS MARIANA LOTASZTAIN, et al., 15 Defendants. 16 Plaintiff, a former prisoner proceeding pro se, brings this civil rights action 17 18 pursuant to 42 U.S.C. § 1983. On August 5, 2021, Defendants filed a notice of Plaintiff’s death. See ECF No. 19 20 69. Pursuant to Federal Rule of Civil Procedure, upon the death of Plaintiff, a motion for 21 substitution may be filed within 90 days of the notice of death. The rule further provides that the 22 action must be dismissed if no such motion is timely filed. See Fed. R. Civ. P. 25(a)(1). To date, 23 more than 90 days have passed and no motion to substitute has been filed. This action must, 24 therefore, be dismissed. See id. 25 /// 26 /// 27 /// 28 /// 1 1 Based on the foregoing, the undersigned recommends that this action be dismissed. 2 These findings and recommendations are submitted to the United States District 3 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 4 after being served with these findings and recommendations, any party may file written objections 5 with the Court. Responses to objections shall be filed within 14 days after service of objections. 6 Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 9 Dated: November 29, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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