Parker v. Chilton County Board of Education, et al

Filing 37

ORDER that Defendants' Motion to Dismiss all claims against Defendant Alan Thompson and his successors, heirs, and assigns 35 is GRANTED. Signed by Honorable Judge Mark E. Fuller on 9/17/2013. (Attachments: # 1 Civil Appeals Checklist) (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RONNIE RICHARDSON PARKER,
Plaintiff,
v.
CHILTON COUNTY BOARD OF
EDUCATION, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CASE NO. 2:12-cv-650-MEF
(WO - Do Not Publish)

ORDER
Before the Court is Defendants’ Motion to Dismiss as to the claims against Alan
Thompson (Doc. #35). On or about January 5, 2013, Defendant Alan Thompson passed
away, and counsel for Defendants subsequently filed a Suggestion of Death (Doc. #31) in
accordance with Rule 25 of the Federal Rules of Civil Procedure. Plaintiff Ronnie Parker
failed to file a motion for substitution within 90 days as required by Rule 25(a)(1), and the
action against Defendant Alan Thompson accordingly must be dismissed. Plaintiff does not
oppose Defendants’ Motion to Dismiss as to Alan Thompson (Doc. #36), but notes that
claims still remain against Defendant Chilton County Board of Education.
Accordingly, it is hereby ORDERED that Defendants’ Motion to Dismiss all claims
against Defendant Alan Thompson and his successors, heirs, and assigns (Doc. #35) is
GRANTED.
DONE this the 17th day of September, 2013.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE