(PC) Turner v. Adams ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT C. TURNER, No. 2:18-cv-2672 MCE DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CA DEPT. CORRS. AND REAHB., et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. A suggestion of death upon the record pertaining to the death of plaintiff was 19 filed on October 12, 2021. (ECF No. 64.) Pursuant to Federal Rule of Civil Procedure 25, a 20 motion for substitution of a proper party must be made no later than ninety days after the death is 21 suggested upon the record. That time period has now expired, and no motion for substitution has 22 been filed. 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after service of these findings and recommendations, any written objections may be filed with the 27 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 28 Recommendations.” Any response to the objections shall be filed and served within fourteen 1 || days after service of the objections. Failure to file objections within the specified time may waive 2 || the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 3 || Dated: February 4, 2022 4 5 6 ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 || DLB:12 DB/DB Prisoner Inbox/Civil Rights/R/tumn2672.death fr 17 18 19 20 21 22 23 24 25 26 27 28