Jones v. Felder, et al (INMATE 2)

Filing 27

ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE: It is ORDERED that the stay imposed in this matter on 5/31/2012 (Doc. 24 ) is LIFTED. On 4/20/2012, Plaintiff Ty'Juan Jones died. Pursuant to the provisions of Rule 25, FRCP, Defendants filed, a s the rule requires, a 23 Suggestion of Death for Plaintiff Jones on 5/30/2012. It is the RECOMMENDATION of the Magistrate Judge that: 1. Plaintiff Jones be DISMISSED as a party to this cause of action pursuant to FRCP 25. 2. This action be DISMISSED with prejudice, no costs taxed. Objections to R&R due by 9/24/2012. Signed by Honorable Judge Terry F. Moorer on 9/6/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TY’JUAN LAMONT JONES,
#271 901,
Plaintiff,
v.
VICTORIOUS FELDER, CO, et al.,
Defendants.

)
)
)
)
) CIVIL ACTION NO. 2:11-CV-1031-TMH
)
[WO]
)
)
)

ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE
For good cause, it is
ORDERED that the stay imposed in this matter on May 31, 2012 (Doc. No. 24) is
LIFTED.
On April 20, 2012, Plaintiff Ty’Juan Jones died. Pursuant to the provisions of Rule
25, Federal Rules of Civil Procedure, Defendants filed, as the rule requires, a suggestion of
death for Plaintiff Jones on May 30, 2012. (See Doc. No. 23.) More than ninety days has
passed since the suggestion upon the record of the death of Plaintiff Jones was made by
service of a statement of the fact of death and no motion for substitution has been filed.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. Plaintiff Jones be DISMISSED as a party to this cause of action pursuant to the
provisions of Rule 25, Federal Rules of Civil Procedure;
2. This action be DISMISSED with prejudice, no costs taxed.
It is further

ORDERED that on or before September 24, 2012 the parties may file an objection
to the Recommendation. Any objection filed must specifically identify the findings in the
Magistrate Judge’s Recommendation to which a party objects. Frivolous, conclusive or
general objections will not be considered by the District Court. The parties are advised that
this Recommendation is not a final order of the court and, therefore, it is not appealable.
Failure to file written objections to the proposed findings and advisements in the
Magistrate Judge’s Recommendation shall bar the party from a de novo determination by the
District Court of issues covered in the Recommendation and shall bar the party from
attacking on appeal factual findings in the Recommendation accepted or adopted by the
District Court except upon grounds of plain error or manifest injustice.

Nettles v.

Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d
33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en
banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed
down prior to the close of business on September 30, 1981.
Done, this 6th day of September 2012.

/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE