Scott v. State of Nevada et al

Filing 7

ORDER that the Court dismisses this case pursuant to Fed. R. Civ. P. 25(a)(1); Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 06/14/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOE NATHAN SCOTT, JR.,

Case No. 3:16-cv-00719-RCJ-WGC

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Plaintiff,

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ORDER

v.
STATE OF NEVADA et al.,

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Defendants.

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I.

DISCUSSION

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On February 16, 2017, this Court issued an order noting that Plaintiff had died in

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prison and confirmed the death in the NDOC inmate database. (ECF No. 5 at 1).

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Pursuant to Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim is not

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extinguished, the court may order substitution of the proper party.

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substitution may be made by any party or by the decedent’s successor or representative.

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If the motion is not made within 90 days after service of a statement noting the death, the

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action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1).

A motion for

The 90-day period has passed and there has been no motion for substitution. As

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such, the Court dismisses the case.

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II.

CONCLUSION
For the foregoing reasons, it is ordered that the Court dismisses this case pursuant

to Fed. R. Civ. P. 25(a)(1).
It is further ordered that the Clerk of the Court shall enter judgment accordingly.

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June 14, of May, 2017.
DATED THIS XXxx day2017

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UNITED STATES DISTRICT JUDGE

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