Pompey
(PC) Simmons v. Pompey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMIAH SIMMONS, No. 2:19-cv-02491-KJM-JDP (PC) Plaintiff, v. ORDER G. POMPEY, Defendant. 16 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The court has learned plaintiff has passed away during the pendency of this action. On October 10, 2023, the magistrate judge filed findings and recommendations, recommending this action be dismissed without prejudice because plaintiff’s successor or representative has not filed a motion for substitution in accordance with Federal Rule of Civil Procedure 25(a). The findings and recommendations were served on all parties and contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. No party has filed objections…