(PC) Duran v. Burns

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAAC DURAN, Case No. 1:21-cv-01290 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 J. BURNS, et al., CLOSE THIS CASE 15 Defendants. (Doc. 42) 16 17 Isaac Duran filed this prisoner civil rights action under 42 U.S.C. § 1983. (Doc. 1.) After 18 Plaintiff passed away, Defendants filed a Notice of Suggestion of Death on the record pursuant to 19 Rule 25 of the Federal Rules of Civil Procedure and served Plaintiff’s successors in interest. 20 (Doc. 33.) The magistrate judge found Defendants complied with the requirements of Rule 25, 21 and no party moved for substitution. (Doc. 42 at 1-2.) Therefore, the magistrate judge found 22 dismissal is required, and recommended the matter be dismissed with prejudice because any 23 future action would be barred by the applicable statute of limitations. (Id. at 2.) 24 The Court served the Findings and Recommendations on the parties and notified them that 25 any objections were due within fourteen days of service. (Doc. 42 at 3). The Court informed the 26 parties that the “failure to file objections within the specified time may result in the waiver of 27 certain rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 28 2014).) No objections were filed, and the time to do so has passed. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated September 26, 2024 (Doc. 42), are 5 ADOPTED in full. 6 2. The action is DISMISSED with prejudice. 7 3. The Clerk of Court shall terminate any pending motions and close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ October 16, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28