Kisala v. Connecticut

Filing 39

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

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