Patterson v. Detroit et al

Filing 9

ORDER Dismissing Action Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TIMOTHY PATTERSON,
Plaintiff,

Case No. 16-cv-12422
Hon. Matthew F. Leitman

v.
CITY OF DETROIT, et al.,
Defendants.
_________________________________/
ORDER DISMISSING ACTION WITHOUT PREJUDICE
On June 28, 2016, Plaintiff Timothy Patterson (“Patterson”) filed an action
against Defendants City of Detroit and Charles Flanagan. (See Compl., ECF #1.)
On October 27, 2017, Patterson’s attorney filed a Suggestion of Death with the Court
in which he stated “Plaintiff Timothy Patterson has died.” (See ECF #8 at 1, Pg. ID
53.)
Rule 25(a) of the Federal Rules of Civil Procedure provides, in pertinent part,
that
[i]f a party dies and the claim is not extinguished . . . [a]
motion for substitution may be made by any party or by
the decendent’s successor or representative. 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.

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Thus, under Rule 25(a), “any party” or Patterson’s “successor or representative” was
required to file a motion to substitute the proper party in this action no later than
January 25, 2018 (90 days from when the Suggestion of Death was filed on October
27, 2017). January 25 has now passed and no one (including Patterson’s attorney)
has filed a motion for substitution of the proper party in this action.
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED
WITHOUT PREJUDICE.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 14, 2018

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on February 14, 2018, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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