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6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8

9 DOROTHY FULLER, Case No. 1:24-cv-00536-JLT-EPG 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11 RECOMMENDING THAT THIS ACTION BE v. DISMISSED PURSUANT TO FEDERAL 12 RULE OF CIVIL PROCEDURE 25(A)(1) GENDRON, et al., 13 (ECF Nos. 31, 32, 33) Defendants. 14 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 15 16 17 On June 12, 2025, the Court received an email indicating that Plaintiff had passed away. 18 The Court ordered Plaintiff’s counsel to file a death statement no later than July 11, 2025. (ECF 19 No. 31). On July 11, 2025, Plaintiff’s counsel filed a Suggestion of Death Upon the Record 20 pursuant to Rule 25(a)(1), indicating that Plaintiff died on or about May 24, 2025. (ECF No. 21 32). On July 14, 2025, the Court directed that a motion for substitution may be filed by any 22 party or the decedent’s successor no later than 90 days after the statement noting death, 23 allowing the parties or any decedent successor until October 9, 2025, to file a motion for 24 substitution. (ECF No. 33). 25 Fed. R. Civ. P. 25(a)(1) provides 26 If a party dies and the claim is not thereby extinguished, the court may order 27 substitution of the proper parties. A motion for substitution may be made by any party 28 or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. 2 In this case, the Notice of Death was filed and served more than ninety days ago, and no > || motion for substitution has been made. Accordingly, the Court HEREBY RECOMMENDS that: ° 1. This action be DISMISSED pursuant to Federal Rule of Civil Procedure 6 25(a)(1); and 7 2. The Clerk of Court be directed to close this case. 8 These findings and recommendations are submitted to the United States district judge 9 assigned to the case, pursuant to the provisions of Title

(b)(1). Within fourteen 10 11 (14) days after being served with these findings and recommendations, any party may file written objections with the Court. Such a document should be captioned “Objections to 12 || Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be 13 |! served and filed within fourteen (14) days after service of the objections. The parties are 14 || advised that failure to file objections within the specified time may result in the waiver of rights 1S appeal. Wilkerson v. Wheeler,

(9th Cir. 2014) (citing Baxter v. *© || Sullivan,

(9th Cir. 1991)). 17 1g |} IT ISSO ORDERED. || pated: _ October 15, 2025 jj hey — 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28