Williams v. Craighead County Jail et al

Filing 60

ORDER, reflecting that no motion has been filed pursuant to 58 Order, this case is dismissed because of the death of the Plaintiff, pursuant to Rule 25)(a)(1) of the Federal Rules of Civil Procedure. The Clerk is directed to close the case. Signed by Judge James M. Moody on 2/15/2012. (jct)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CLETIS WAYNE WILLIAMS V. PLAINTIFF 3:10CV00049 JMM KYLE FRENCH, et al DEFENDANTS ORDER On November 1, 2011, the Defendants filed a Suggestion of Death which states that the Plaintiff died on Monday, October 31, 2011. Rule 25 of the Federal Rules of Civil Procedure provides: If a party dies and the claim is not extinguished, the court may order substitution of the proper party. 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. Fed. R. Civ. P. 25(a)(1). The Court entered an Order on November 18, 2011 directing the decedent’s successor or representative to file a motion by January 30, 2012 stating whether the successor should be substituted as the plaintiff in the case. No motion has been filed. Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, the case is dismissed because of the death of the Plaintiff. The Clerk is directed to close the case. IT IS SO ORDERED this 15th day of February, 2012. ______________________________ James M. Moody United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?