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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN CRISTOBAL CALDERON, No. 2:22-cv-0124 CKD P Plaintiff, v. ORDER AND C. VUE, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 On May 3, 2023, counsel for defendant Freitas filed a document indicating that defendant Freitas has passed away. 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 death is suggested upon the record. That time period has now expired, and no motion for substitution has been filed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that defendant Freitas be dismissed. 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,…