Buckley v. Baxter et al

Filing 43

ORDER directing the Clerk of the Court to remove Sheriff Hogg from the docket sheet. In place of Sheriff Hogg, the following party is substituted: Steve Young, Sheriff, Lincoln County, in his official capacity. Signed by Magistrate Judge J. Thomas Ray on 5/19/2023. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
VERLYNIN BUCKLEY
V.

PLAINTIFF
No. 4:22-CV-488-JTR

COREY BAXTER, Jailer,
Lincoln County Detention Center, et al.

DEFENDANTS

ORDER
In this § 1983 action, Plaintiff Verlynin Buckley (“Buckley”), is proceeding
with failure-to-protect claims against all Defendants. Doc. 2; Doc. 9. He sues
Defendant Corey Baxter in his individual and official capacities, and Defendants
Amanda Rogers and Sheriff Leonard Hogg (“Sheriff Hogg”) in their official
capacities only. Doc. 9 at 3.
On May 18, 2023, Defendants filed a Suggestion of Death for Sheriff Hogg.1
Doc. 42. According to the Suggestion of Death and attached obituary, Hogg passed
away on May 14, 2023. Id.; Doc. 42-1.
Under Rule 25(d) of Federal Rules of Civil Procedure, the current sheriff of
Lincoln County, Sheriff Steve Young, is automatically substituted as a party to this
action.

1

In his Complaint, Buckley identified Sheriff Hogg as “Leonard Hoggs.” Based on the
Answer and Suggestion of Death, it is now abundantly clear that the proper spelling of the last
name is “Hogg.” See Doc. 15 at 1; Doc. 42; Doc. 42-1.

IT IS THEREFORE ORDERED THAT:
1.

The Clerk of the Court is direct to remove Sheriff Hogg from the docket

2.

In place of Sheriff Hogg, the following party is substituted: Steve

sheet.

Young, Sheriff, Lincoln County, in his official capacity.
IT IS SO ORDERED this 19th day of May, 2023.
____________________________________
UNITED STATES MAGISTRATE JUDGE

2