Cooley v. Prison Health Services, Inc. et al

Filing 79

ORDER that all claims brought by Emmett Cooley in above referenced case are DISMISSED as further set out in this order. A separate final judgment will enter. Signed by Hon. Chief Judge Mark E. Fuller on 4/28/2011. (jg, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
EMMETT COOLEY,
Plaintiff,
v.
PRISON HEALTH SERVICES, INC., et al.,
Defendants.

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Case No. 2:08-cv-313
(WO- DO NOT PUBLISH)

ORDER
On January 26, 2011 the defendants in this case filed a Suggestion of Death,
notifying the Court that the Plaintiff Emmett Cooley was deceased. (Doc. # 70). Federal
Rule of Civil Procedure 25(a) provides that “a motion for substitution may be made by
any party or by the decedent’s successor or representative. If the motion is not made
within 90 days after service of a statement noting the death, the action by or against the
decedent must be dismissed.”
No substitution of parties was made in this case, and the 90 day period for seeking
substitution has passed. Accordingly, it is hereby ORDERED that all claims brought by
Emmett Cooley in above referenced case are DISMISSED. A separate final judgment
will enter.
Done this the 28 th day of April, 2011.

/s/ Mark E. Fuller
CHIEF UNITED STATES DISTRICT JUDGE