Zaldivar-Galves
(PC) Leiva v. Zaldivar-Galves
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDDIE LEIVA, Case No.: 1:23-cv-00986-JLT-SKO (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION WITH PREJUDICE
v. (Docs. 19, 21, 22, 23) IDALBERTO ZALDIVAR-GALVES, 14-DAY OBJECTION DEADLINE Defendant. 16 Plaintiff Eddie Leiva, a former prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 30, 2023. I. INTRODUCTION Following screening of the complaint, Defendant Idalberto Zaldivar-Galves was served on November 20, 2023, and a responsive pleading was due within 60 days. (Doc. 15.) On January 16, 2024, Defendant filed an Ex Parte Application for Extension of Time to Respond to the Complaint. (Doc. 16.) In a supporting declaration, defense counsel stated that his office was advised by the California Department of Corrections and Rehabilitation that Plaintiff died on or about December 26, 2023. (Id. at 2, ¶ 2.) Counsel stated he must research Plaintiff’s potential…