(PC) Spence v. Johnson

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD SPENCE, No. 2:21-cv-00692 DAD AC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 B. JOHNSON, et al., 15 Defendants. 16 17 A suggestion of death upon the record pertaining to the death of plaintiff was filed on July 18 15, 2024. ECF No. 69. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution 19 of a proper party must be made no later than ninety days after the death is suggested upon the 20 record. 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 and the 22 Clerk of Court be directed to close this case. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after service of these findings and recommendations, any written objections may be filed with the 26 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 27 Recommendations.” Any response to the objections shall be filed and served within fourteen 28 days after service of the objections. Failure to file objections within the specified time may waive 1 || the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 2 || DATED: October 17, 2024 . ~ 3 Chthtenr—Clore_ 4 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28