Ashworth v. Mumbower et al

Filing 60

ORDER DENYING AS MOOT 33 Motion to Substitute Party. Signed by Magistrate Judge Donald G. Wilkerson on 2/22/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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Plaintiff,
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v.
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STEVE MUMBOWER, DON JONES, WEST)
CITY ILLINOIS, FRANKILN COUNTY)
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ILLINOIS, and CATHY WILSON,
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Defendants.
TIMOTHY ASHWORTH,

Case No. 3:15-cv-182-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Substitute Party filed by Plaintiff, Timothy
Ashworth, on August 17, 2016 (Doc. 33). The Motion is DENIED AS MOOT.
Plaintiff named Bill Wilson in his original Complaint. Mr. Wilson, however, died on
October 30, 2013, prior to the filing of the original complaint in this matter.1 Accordingly,
Plaintiff need not substitute a party pursuant to Federal Rule of Civil Procedure 25 (or state law,
for that matter). Rather, Plaintiff correctly filed a Second Amended Complaint naming Cathy
Wilson, as the personal representative of Bill Wilson, on December 22, 2015 (Doc. 46).
All that remains, then, is for Mrs. Wilson to be served. Plaintiff requests that the United
States Marshal be appointed for service of process, which is required by Rule 4(c)(3) because
Plaintiff is proceeding in forma pauperis. Plaintiff has not, however, disclosed Mrs. Wilson’s
address for service of process. Plaintiff shall provide such information to the Court forthwith.
To the extent that Defendants (or their attorney) are privy to such information, they may provide
Plaintiff with the information. Such information shall only be used to effect service of process
1

While Plaintiff’s claims were a part of a previous suit filed in this Court, Case No. 3:12-cv-879,
on August 7, 2012, that suit was dismissed without prejudice in May 2014 (Doc. 18, p. 3).
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and should not be disclosed to any other person, including Plaintiff (who is incarcerated),
himself. Plaintiff, through his attorney, shall provide the information to the Court via e-mail and
shall docket a notice indicating that the information has been submitted to the Court. Thereafter,
service of process will be effected.
IT IS SO ORDERED.
DATED: February 22, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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