Fennell v. Dickson et al

Filing 26

MEMORANDUM AND ORDER, The Court DISMISS WITH PREJUDICE all claims in this case against defendant Blankenship. The Court DIRECTS the Clerk of Court to terminate him as a defendant in this case. Signed by Judge J. Phil Gilbert on 10/23/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TONY N. FENNELL,
Plaintiff,
v.

Case No. 3:17-cv-00961-JPG-RJD

MIKE DICKSON et al.,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
On April 13, 2018, the Court received a suggestion of death as to defendant Dr. Robert
Blankenship. (ECF No. 17.) The Court then warned the plaintiff that if he did not file a motion
for substitution within 90 days, the Court would dismiss any and all claims against defendant
Blankenship pursuant to Federal Rule of Civil Procedure 25(a)(1). (ECF No. 18.) Now, 90 days
have passed, yet the plaintiff has not filed any motions for substitution—so the Court must
DISMISS WITH PREJUDICE all claims in this case against defendant Blankenship. The
Court DIRECTS the Clerk of Court to terminate him as a defendant in this case.
IT IS SO ORDERED.
DATED: OCTOBER 23, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE