Zaldivar-Galves

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDDIE LEIVA, Case No.: 1:23-cv-00986-JLT-SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS ACTION

v. WITH PREJUDICE

IDALBERTO ZALDIVAR-GALVES, (Doc. 24)

Defendant. 16 Plaintiff Eddie Leiva filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging that Defendant was deliberately indifferent to his medical needs. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Following Plaintiff’s death in December 2023, Defendant served a Notice of Death on Plaintiff’s successors. (Docs. 21-23.) Because no notice of substitution was filed by the relevant deadline, the magistrate judge recommended this action be dismissed without prejudice under Rule 25(a). (Doc. 24.) The magistrate judge advised the parties that the “[f]ailure to file objections within the specified time may result in waiver of rights on appeal.” (Id. at 3,…