Peoples v. Wichita State University

Filing 109

MEMORANDUM AND ORDER. Pursuant to Fed. R. Civ. P. 25(a)(1), the action is hereby DISMISSED WITHOUT PREJUDICE. The pending motions (Docs. 87 , 94 , 95 , 96 , 97 , 98 , 99 ) are DENIED as moot. Signed by District Judge John W. Broomes on 12/11/2019. Mailed to pro se party Darrell Peoples at 1653 N Bluff Ave. Wichita, KS 67208 and Floria Clark at 2395 N Beacon Hill St. # 702 Wichita, KS 67220 by regular mail. (mam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DARRELL PEOPLES,
Plaintiff,
v.

Case No. 18-1010-JWB

WICHITA STATE UNIVERSITY,
Defendant.

MEMORANDUM AND ORDER
This action alleging employment discrimination was filed pro se by Plaintiff on January
8, 2018. (Doc. 1.) On August 31, 2019, Defendant filed a suggestion of death asserting that
Plaintiff Darrell Peoples had died. (Doc. 107.) A return of service was subsequently filed showing
Defendant had caused personal service of a summons on Floria Clark (Plaintiff’s mother), on
September 4, 2019. (Doc. 108.)
Rule 25 provides in part that if a party dies and the claim is not extinguished, the court may
order substitution of the proper party, and a motion for substitution may be made by any party or
by the decedent’s successor or representative. Fed. R. Civ. P. 25(a)(1). “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.” Id.
The court finds that no motion for substitution has been made within 90 days after service
of a statement noting Plaintiff’s death. Pursuant to Fed. R. Civ. P. 25(a)(1), the action is hereby
DISMISSED WITHOUT PREJUDICE. The pending motions (Docs. 87, 94, 95, 96, 97, 98, 99)
are DENIED as moot.

IT IS SO ORDERED this 11th day of December, 2019.

_____s/ John W. Broomes__________
JOHN W. BROOMES
UNITED STATES DISTRICT JUDGE

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