BRANNAN v. OWENS et al

Filing 41

ORDER ADOPTING 39 Report and Recommendations; GRANTING 38 Motion to Dismiss Complaint; finding as MOOT 30 Report and Recommendations; finding as MOOT 18 Motion to Dismiss; and finding as MOOT 21 Motion to Dismiss for Failure to State a Claim. The case is dismissed. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/17/2015. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ANDREW HOWARD BRANNAN,
Plaintiff,
v.
Commissioner BRIAN OWENS, et al.,
Defendants.

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CIVIL ACTION NO. 5:13-CV-454 (MTT)

ORDER
Before the Court is United States Magistrate Judge Stephen Hyles’s
Recommendation to grant Defendants Rowles and Thorneloe’s motion to dismiss (Doc.
38) and to dismiss the action as a whole pursuant to Fed. R. Civ. P. 25(a)(1)1 because
no motion for substitution was made within 90 days after service of the suggestion of
death. (Doc. 39). No objection to the Recommendation has been filed. Because no
motion for substitution has been made, the Court agrees the case must be dismissed.
The Court has reviewed the Recommendation, and the Recommendation is ADOPTED
and made the order of this Court. Accordingly, the case is DISMISSED.2
SO ORDERED, this 17th day of June, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT
1

2

Rule 25(a)(1) 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.

The pending Recommendation and the motions to dismiss, which the pending Recommendation
regards, are moot. (Docs. 18, 21, 30).