Hearring v. Snyder et al

Filing 45

ORDERED that Defendant Snyder is dismissed from this case. Plaintiff's claims may proceed against Defendants Russell, Wickham, and Henley. Signed by District Judge Anne R. Traum on 9/19/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:20-cv-00049-ART-CLB Document 45 Filed 09/19/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANK HEARRING,

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v.

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ORDER

Defendants.

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Plaintiff,

RICHARD SNYDER, et al.,

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Case No. 3:20-cv-00049-ART-CLB

Pro se Plaintiff Frank Hearring initiated this action on January 23, 2020,
by filing an application to proceed in forma pauperis and attaching the Court’s
form complaint to proceed with an action under 42 U.S.C. § 1983 for an
incarcerated litigant. (ECF No. 1). The Court granted Hearring’s IFP application
on December 7, 2021. (ECF No. 7). Defendants Wickham, Russell, and Henley
accepted service on December 27, 2021. (ECF No. 15). 1 On June 6, 2022,
Defendants informed the Court that Defendant Snyder was deceased. (ECF No.
38). On June 15, 2022, Judge Baldwin allowed Plaintiff until September 5, 2022
to substitute a party for Defendant Snyder. (ECF No. 40). Plaintiff failed to do so,
and did not request an extension of time to substitute a party for Defendant
Snyder.
Because more than ninety days has passed since service of a statement
noticing the death (ECF No. 38) the action against Defendant Snyder must be
dismissed. See Fed. R. Civ. P. 25(a)(1) (“If a party dies and the claim is not
extinguished, the court may order substitution of the proper party. A motion for
substitution may be made by any party or by the decedent’s successor or
representative. If the motion is not made within 90 days after service of a

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Defendant Schreckengost was dismissed from this action on August 18, 2022, for failure to complete service of
process pursuant to Fed. R. Civ. P. 4(m). (ECF No. 44).
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Case 3:20-cv-00049-ART-CLB Document 45 Filed 09/19/22 Page 2 of 2

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statement noticing the death, the action by or against the decedent must be

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dismissed.”).

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IT IS THEREFORE ORDERED that Defendant Snyder is dismissed from

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this case. Plaintiff’s claims may proceed against Defendants Russell, Wickham,

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and Henley.

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DATED THIS 19th Day of September 2022.

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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

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