(PC) Parnell v. Wheeler ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 J.P. PARNELL, No. 2:21-cv-01182-DAD-CKD 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 WHEELER, et al., 15 Defendants. 16 17 A suggestion of death upon the record pertaining to the death of plaintiff was filed on 18 January 29, 2024. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a 19 proper party must be made no later than ninety days after the death is suggested upon the record. 20 That time period has now expired, and no motion for substitution has been filed. 21 Accordingly, IT IS HEREBY RECOMMENDED that: 22 1. This action be dismissed pursuant to the Notice of Death of Plaintiff. 23 2. Defendant’s motion for summary judgment (ECF No. 69) be denied as moot. 24 3. The Clerk of Court be directed to close this case. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after service of these findings and recommendations, any written objections may be filed with the 28 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 1 | Recommendations.” Any response to the objections shall be filed and served within fourteen 2 || days after service of the objections. Failure to file objections within the specified time may waive 3 || the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 4 | Dated: May 6, 2024 Card ke yy a 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 12/parn1182.death.fr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28