(PC) Jacques v. Fererkins ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL E. JACQUES, No. 2:21-cv-0144 KJM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 B. FERERKINS, et al., 15 Defendants. 16 17 A suggestion of death upon the record pertaining to the death of defendant Freriks, aka 18 Fererkins, was filed on November 23, 2021. (ECF No. 31.) Pursuant to Federal Rule of Civil 19 Procedure 25, a motion for substitution of a proper party must be made no later than ninety days 20 after the death is suggested upon the record. That time period has now expired, and no motion for 21 substitution has been filed. 22 Accordingly, IT IS HEREBY RECOMMENDED that defendant Freriks be dismissed. 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: February 28, 2022 ; Foci) Aharon 4 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 Jac144.fr 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28