Kisala v. Connecticut

Filing 39

ORDER of Dismissal. Signed by Judge Stefan R. Underhill on 9/5/2017. (Schneider, K)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NSONSA KISALA, Plaintiff, No. 3:16-cv-401 (SRU) v. STATE OF CONNECTICUT, STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH, Defendants. ORDER OF DISMISSAL On May 11, 2017, the defendants, State of Connecticut and State of Connecticut Department of Public Health, filed a suggestion of death on the record, noting the death of Nsonsa Kisala, the sole plaintiff in this action. (doc. # 38.) Rule 25(a)(1) of the Federal Rules of Civil Procedure requires dismissal of an action brought by a deceased plaintiff if a motion for substitution of the proper party is not made within 90 days after service of a statement noting the plaintiff’s death. Accordingly, the 90-day period within which a motion for substitution could have been filed in the present action began no later than May 11, 2017, and ended August 9, 2017. Because I have received no motion for substitution, the present action is hereby DISMISSED without prejudice. So ordered. Dated at Bridgeport, Connecticut, this 5th day of September 2017. /s/ STEFAN R. UNDERHILL Stefan R. Underhill United States District Judge

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