(PC) Garcia v. Herrera

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA FRANCISCO GARCIA, No. 2:22-cv-1612 CKD P 12 Plaintiff, 13 v. ORDER AND LINDA HERRERA, FINDINGS AND RECOMMENDATIONS 15 Defendant.

17 On July 26, 2023, defendant informed the court that plaintiff is deceased. Under Rule 25 of the Federal Rules of Civil Procedure, an action must be dismissed if no motion for substitution is filed within 90 days from the date a plaintiff’s death is suggested on the record. No motion for substitution has been filed.

21 Accordingly, IT IS HEREBY ORDERED that: 22 1. Defendant’s July 14, 2023 motion to dismiss is denied as moot; and 23 2. The Clerk of the Court assign a district court judge to this case.

24 IT IS HEREBY RECOMMENDED that: 25 1. Defendant’s November 7, 2023 motion to dismiss pursuant to Federal Rule of Civil Procedure 25 be granted; and.

27 2. This case be dismissed.

28 ///// ] These findings and recommendations are submitted to the United States District Judge || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days || after being served with these findings and recommendations, any party may file written || objections with the court and serve a copy on all parties. Such a document should be captioned || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the || objections shall be served and filed within fourteen days after service of the objections. The || parties are advised that failure to file objections within the specified time may waive the right to | appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

9 | Dated: November 8, 2023 / a8 } i | / p , {a ce 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE 14] 4 15 garc1612.sod