Zaldivar-Galves

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDDIE LEIVA, Case No.: 1:23-cv-00986-JLT-SKO (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION WITH PREJUDICE

13 v. (Docs. 19, 21, 22, 23) 14 IDALBERTO ZALDIVAR-GALVES, 14-DAY OBJECTION DEADLINE 15 Defendant. 16 17 Plaintiff Eddie Leiva, a former prisoner proceeding pro se, filed this civil rights action 18 pursuant to 42 U.S.C. § 1983 on June 30, 2023. 19 I. INTRODUCTION 20 Following screening of the complaint, Defendant Idalberto Zaldivar-Galves was served on 21 November 20, 2023, and a responsive pleading was due within 60 days. (Doc. 15.) 22 On January 16, 2024, Defendant filed an Ex Parte Application for Extension of Time to 23 Respond to the Complaint. (Doc. 16.) In a supporting declaration, defense counsel stated that his 24 office was advised by the California Department of Corrections and Rehabilitation that Plaintiff 25 died on or about December 26, 2023. (Id. at 2, ¶ 2.) Counsel stated he must research Plaintiff’s 26 potential…