(PC) Leiva v. Zaldivar-Galves

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDDIE LEIVA, Case No.: 1:23-cv-00986-JLT-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION 13 v. WITH PREJUDICE

14 IDALBERTO ZALDIVAR-GALVES, (Doc. 24)

15 Defendant. 16 17 Plaintiff Eddie Leiva filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging 18 that Defendant was deliberately indifferent to his medical needs. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Following Plaintiff’s death in December 2023, Defendant served a Notice of Death on 21 Plaintiff’s successors. (Docs. 21-23.) Because no notice of substitution was filed by the relevant 22 deadline, the magistrate judge recommended this action be dismissed without prejudice under 23 Rule 25(a). (Doc. 24.) The magistrate judge advised the parties that the “[f]ailure to file 24 objections within the specified time may result in waiver of rights on appeal.” (Id. at 3, citing 25 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 26 (9th Cir. 1991). No party has filed objections and the time to do so has passed. 27 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and 1 | Recommendations to be supported by the record and proper analysis. Accordingly, the Court 2 | ORDERS: 3 1. The Findings and Recommendations issued May 23, 2023 (Doc. 24) are ADOPTED 4 in full. 5 2. This action is DISMISSED without prejudice. 6 3. The Clerk of the Court is directed to close this case. 7 g IT IS SO ORDERED. o | Dated: _ June 12, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28