Burns

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ISAAC DURAN, Case No. 1:21-cv-01290 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. ACTION WITH PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

J. BURNS, et al., CLOSE THIS CASE Defendants. (Doc. 42) 16 Isaac Duran filed this prisoner civil rights action under 42 U.S.C. § 1983. (Doc. 1.) After Plaintiff passed away, Defendants filed a Notice of Suggestion of Death on the record pursuant to Rule 25 of the Federal Rules of Civil Procedure and served Plaintiff’s successors in interest. (Doc. 33.) The magistrate judge found Defendants complied with the requirements of Rule 25, and no party moved for substitution. (Doc. 42 at 1-2.) Therefore, the magistrate judge found dismissal is required, and recommended the matter be dismissed with prejudice because any future action would be barred by the applicable statute of limitations. (Id. at 2.) The Court…