DOYLE et al v. FALMOUTH POLICE DEPARTMENT et al

Filing 45

ORDER By JUDGE JON D. LEVY. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MARION DOYLE,

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) Case No. 2:14-cv-00259-JDL
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Plaintiff,
v.
FALMOUTH POLICE
DEPARTMENT, et al.,
Defendants .

ORDER
This case was filed by Michael and Marion Doyle without counsel. See ECF
No. 1. Michael’s claims have since been dismissed. See ECF No. 33 at 14. Following
Marion’s death, Michael Doyle, in his capacity as the personal representative of the
Estate of Marion Doyle, was substituted as a party. ECF No. 42 at 2. Unlike an
individual, who may proceed without counsel, an estate must be represented by
counsel.

See State v. Simanonok, 539 A.2d 211, 212 (Me. 1988).

Since the

substitution occurred on April 22, 2015, counsel has not appeared on the Estate’s
behalf. In light of this, I entered an order to show cause why this case should not be
dismissed for want of prosecution. ECF No. 44. The deadline established in that
order expired on June 22, 2015, without a response from Michael Doyle or the Estate.
Accordingly, I conclude that good cause has not been shown why this action should
not be dismissed. See Loc. R. 41.1(b). It is ORDERED that plaintiff’s case is
DISMISSED with prejudice.

SO ORDERED.
Dated: June 24, 2015

/s/ Jon D. Levy_____________
U.S. District Judge

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