Opinion

(PC) Brown v. Newsom

Court
District Court, E.D. California
Filed
Sep 1, 2020
Cited by
0 cases
Authority
More cited than 17.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 DEXTER BROWN, No. 2: 19-cv-00948 MCE KJN P

12 Plaintiff,

13 v. ORDER

14 GAVIN NEWSOM, et al.,

15 Defendants.

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17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On June 22, 2020, the magistrate judge filed findings and recommendations herein which

21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings

22 and recommendations were to be filed within fourteen days. The findings and recommendations

23 served on plaintiff were returned undeliverable, marked “deceased.”

24 The Court has reviewed the file and finds the findings and recommendations to be

25 supported by the record and by the magistrate judge’s analysis.

26 The Court additionally notes that in addition to the June 22, 2020 findings and

27 recommendations, an order served on plaintiff on May 21, 2020 was returned undeliverable,

28 marked “deceased.” The inmate locator website for the California Department of Corrections and

MAIS SLD VY MITOCININS LING IN RAUF eA ee

1 | Rehabilitation (“CDCR”) no longer lists plaintiff as housed in CDCR custody.

2 In light of plaintiff's apparent death, it is impossible for him to prosecute this action. The

3 || Court has considered whether to appoint counsel to represent plaintiff's estate but finds there are

4 | no exceptional circumstances for doing so in this case. See 28 U.S.C. § 1915(c)(1); Terrell v.

5 || Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

6 | (9th Cir. 1990); Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).

7 Accordingly, IT IS HEREBY ORDERED that:

8 1. The findings and recommendations filed June 22, 2020, (ECF No. 20) are ADOPTED

9 | in full;

10 2. This action is DISMISSED without prejudice; and

11 3. The Clerk of the Court is directed to close this case.

12 IT IS SO ORDERED.

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iq | Dated: August 31, 2020

btn (LOAXSEL □

MORRISON C. ENGLAND,

16 SENIOR UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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