(PC) Brown v. Newsom ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEXTER BROWN, No. 2: 19-cv-00948 MCE KJN P 12 Plaintiff, 13 v. ORDER 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 22, 2020, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. The findings and recommendations 23 served on plaintiff were returned undeliverable, marked “deceased.” 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. 26 The Court additionally notes that in addition to the June 22, 2020 findings and 27 recommendations, an order served on plaintiff on May 21, 2020 was returned undeliverable, 28 marked “deceased.” The inmate locator website for the California Department of Corrections and MAIS SLD VY MITOCININS LING IN RAUF eA ee 1 | Rehabilitation (“CDCR”) no longer lists plaintiff as housed in CDCR custody. 2 In light of plaintiff's apparent death, it is impossible for him to prosecute this action. The 3 || Court has considered whether to appoint counsel to represent plaintiff's estate but finds there are 4 | no exceptional circumstances for doing so in this case. See 28 U.S.C. § 1915(c)(1); Terrell v. 5 || Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 6 | (9th Cir. 1990); Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed June 22, 2020, (ECF No. 20) are ADOPTED 9 | in full; 10 2. This action is DISMISSED without prejudice; and 11 3. The Clerk of the Court is directed to close this case. 12 IT IS SO ORDERED. 13 iq | Dated: August 31, 2020 btn (LOAXSEL □ MORRISON C. ENGLAND, 16 SENIOR UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28