Hosmer v. Sandoval et al

Filing 8

ORDER declaring that the Court will dismiss this case in 90 days if there is no motion to substitute filed pursuant to Federal Rule of Civil Procedure 25(a)(1); denying as moot ECF Nos. 1 , 4 , 5 motions. Signed by Judge Robert C. Jones on 2/12/2018. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

JEFFREY HOSMER,

10

Plaintiff,

11
12

Case No. 3:17-cv-00056-RCJ-WGC
ORDER

v.
BRIAN SANDOVAL et al.,

13

Defendants.

14
15

I.

DISCUSSION

16

On January 30, 2017, Plaintiff, a prisoner in the custody of the Nevada Department

17

of Corrections (“NDOC”), initiated this prisoner civil rights action pursuant to 42 U.S.C. §

18

1983. (ECF No. 1). According to the NDOC inmate database and an NDOC press

19

release, Plaintiff died in prison on November 5, 2017.1

20

Pursuant to Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim

21

is not extinguished, the court may order substitution of the proper party. A motion for

22

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

23

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

24

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

25

if there is no motion for substitution within 90 days from the date of this order, the Court

26

will dismiss the case.

27
1

28

See Press Release, Nevada Department of Corrections, Hosmer Death (Nov. 7, 2017),
http://doc.nv.gov/uploadedFiles/docnvgov/content/About/Press_Release/Hosmer%20Death%20Release.
pdf.

1

II.

CONCLUSION

2

For the foregoing reasons, it is ordered that the Court will dismiss this case in 90

3

days if there is no motion to substitute filed pursuant to Federal Rule of Civil Procedure

4

25(a)(1).
It is further ordered that the remaining motions (ECF No. 1, 4, 5) are denied as

5
6

moot.

7
8

12th day of November, 2017.
DATED THIS ____day of February, 2018.

9
10

UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-