GUMM v. JACOBS et al

Filing 435

ORDER to Substitute Defendants Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 12/14/2023. (sst)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TIMOTHY GUMM, et al.,
Plaintiffs,
v.
SHAWN EMMONS, et al.,
Defendants.
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CIVIL ACTION NO. 5:15-cv-41 (MTT)

ORDER
Rule 25 of the Federal Rules of Civil Procedure provides for automatic substitution
of public officers in actions against them in their official capacities when the originally
named officer leaves office.1 Accordingly, as discussed at the November 30, 2023 show
cause hearing, the parties agree the following defendants are substituted for the
defendants named in the original settlement agreement:
1. Defendant Tyrone Oliver, in his official capacity as the current Commissioner
of the Georgia Department of Corrections (“GDC”), is substituted for
Defendant Timothy Ward;
2. Defendant Ahmed Holt, in his official capacity as the current Assistant
Commissioner of the GDC facilities division, is substituted for Defendant
Ricky Myrick;

Rule 25(d) provides, in relevant part, that “when a public officer who is a party in an official capacity ...
resigns … [t]he officer’s successor is automatically substituted as a party.” Fed. R. Civ. P. 25(d).
1

3. Defendant Stan Shepard, in his official capacity as the current GDC Director
of Field Operations, is substituted for Defendant Robert Toole;
4. Defendant Shawn Emmons, in his official capacity as the current Warden of
the Georgia Diagnostic and Classification Prison, is substituted for Defendant
Benjamin Ford;
5. Defendant Joe Williams, in his official capacity as the current Warden at the
Special Management Unit “(“SMU”), is substituted for Defendant Michael
Cannon;2
6. Defendants Dennis Turner and Flemister Wiley, in their official capacities as
the current SMU Deputy Wardens of Security, are substituted for Defendant
Joseph Polite.
Docs. 256-1 ¶ 3; 421. All parties agree these are the only defendants to this action and
that these defendants are proper. Doc. 429 at 6:5-25—8:1-4. The docket shall be
updated accordingly.

SO ORDERED, this 14th day of December, 2023.
S/ Marc T. Treadwell
MARC T. TREADWELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT

2

The SMU Warden is functionally the same position as the SMU Superintendent referenced in the
Settlement Agreement. Docs. 256-1 ¶ 3; 421 ¶ 7.

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