Velez v. Dzurenda

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 EDWIN VELEZ, Case No.: 3:21-cv-00197-ART-CSD

4 Plaintiff Report & Recommendation of United States Magistrate Judge 5 v.

6 MICHAEL MINEV, et al.,

7 Defendants

8 This Report and Recommendation is made to the Honorable Anne R. Traum, United 9 States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 10 28 U.S.C. § 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4. 11 In his second amended complaint, Plaintiff is proceeding with an Eighth Amendment 12 deliberate indifference to serious medical needs claim against various defendants, including Dr. 13 Michael McKee. (ECF Nos. 67, 86, 112.) 14 A suggestion of death was filed as to Dr. McKee on January 2, 2025. (ECF No. 121.) On 15 January 6, 2025, an order was issued giving a deadline of April 7, 2025, for a motion for 16 substitution to be filed by decedent’s successor or representative under Federal Rule of Civil 17 Procedure 25. The order cautioned that if a motion to substitute was not timely filed, Dr. McKee 18 would be dismissed from this action. (ECF No. 125.) 19 To date, no motion for substitution has been filed. Therefore, Dr. McKee should be 20 dismissed from this action without prejudice. 21 RECOMMENDATION 22 IT IS HEREBY RECOMMENDED that the District Judge enter an order DISMISSING 23 WITHOUT PREJUDICE Dr. McKee pursuant to Federal Rule of Civil Procedure 25. ] The parties should be aware of the following: 2 1. That they may file, pursuant to 28 U.S.C. § 636(b)(1)(C), specific written objections to 3] this Report and Recommendation within fourteen days of being served with a copy of the Report and Recommendation. These objections should be titled “Objections to Magistrate Judge’s Report and Recommendation” and should be accompanied by points and authorities for consideration by the district judge. Failure to file a timely objection may waive the right to 7|| appeal the district court’s order. Martinez v. Yist, 951 F.2d 1153, 1157 (9" Cir. 1991). 8 2. That this Report and Recommendation is not an appealable order and that any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed 10]| until entry of judgment by the district court. 1] 12|| Dated: August 6, 2025 CS oy Craig S. Denney 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23