Howard v. Kelly et al
ORDER DISMISSING Defendant Ronald Gana as a matter of law. Signed by Magistrate Judge Joe J. Volpe on 3/8/2013. (srw)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ERIC HOWARD, ADC #105324,
WENDY KELLY, Deputy Director,
Arkansas Department of Correction; et al.,
On November 28, 2012, defense counsel notified the Court of the death of Defendant Ronald
Gana (Doc. No. 19).
According to Rule 25(a) of the Federal Rules of Civil Procedure, following a party’s death,
a motion to substitute the proper party must be made within ninety days after the service of a
statement noting the party’s death. See FED. R. CIV. P. 25(a). The failure to file a motion to
substitute will result in the dismissal in the action by or against the decedent. Id. Over ninety days
has passed since the notice of Mr. Gana’s death, and Plaintiff has not filed a motion to substitute
party. Thus, in accordance with the Federal Rules of Civil Procedure, the Court finds that the claims
against Ronald Gana should be DISMISSED as a matter of law.
IT IS SO ORDERED this 8th day of March, 2013.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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