(PC) Spence v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SPENCE, No. 2:21-cv-00692 DAD AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. JOHNSON, et al., Defendants. 16 A suggestion of death upon the record pertaining to the death of plaintiff was filed on July 15, 2024. ECF No. 69. Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a proper party must be made no later than ninety days after the death is suggested upon the record. That time period has now expired, and no motion for substitution has been filed. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed and the Clerk of Court be directed to close this case. 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)(l). Within fourteen days after service of these findings and recommendations, any written objections may be filed with the court. The document…