1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARLIE PATON, No. 2:18-cv-00628 JAM DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 R. BROCKENBOROUGH, et al., 15 Defendants. 16 17 Plaintiff was a state inmate proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. A Notice of Death pertaining to the plaintiff was filed on January 15, 2021. (ECF 19 No. 31.) Pursuant to Federal Rule of Civil Procedure 25, a motion for substitution of a proper 20 party must be made no later than ninety days after the death is suggested upon the record. That 21 time period has now expired, and no motion for substitution has been filed. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after service of these findings and recommendations, any written objections may be filed with the 26 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 27 Recommendations.” Any response to the objections shall be filed and served within fourteen 28 days after service of the objections. 1 Failure to file objections within the specified time may waive the right to appeal the 2 | District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: May 10, 2021 4 5 6 ORAH BARNES

UNITED STATES MAGISTRATE JUDGE

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DB:14

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