Shamille v. New York City Department of Corrections Rikers Island et al

Filing 37

MEMORANDUM AND ORDER granting Defendant's 36 motion to dismiss this case under Rule 25(a)(1). Ordered by Judge Sandra L. Townes on 3/30/2017. C/M as directed. (Barrett, C)

IN CLERK'S ONCE
. DISTRICT COURT E.D.1q.Y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MAR 312017 *

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PARBATTIE SHAMILLE MARAJ,

BROOKLYN OFFICE

Plaintiff,
MEMORANDUM AND
ORDER

-against-

14-CV-4825 (SLT) (CLP)
CITY OF NEW YORK,
Defendant.
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TOWNES, United States District Judge:

Plaintiff Parbattie Shamille Maraj, appearing pro se, filed this lawsuit on July 29, 2014.
(ECF No. 6.) On February 9, 2015, Plaintiff filed a Second Amended Complaint alleging
violations under 42 U.S.C. § 1983 against Defendant the City of New York. (ECF No. 13.) The
Court subsequently granted Defendant's request to move to dismiss this case (ECF No. 26), and
ordered briefing to be complete by October 26, 2015. (ECF No. 31.)
In a letter dated October 12, 2015, Dr. Jeff Gillgan wrote to the Court that Plaintiff had
been admitted to the intensive care unit of Mt. Sinai Hospital and was "critically ill." (ECF No.
32.) On October 28, 2015, the Court stayed all proceedings in light of Plaintiffs medical
condition and ordered that Plaintiff contact the Court upon her release from the hospital. (ECF
No. 34.)
On February 5, 2015, Defendant filed a Suggestion of Death Upon the Record of Plaintiff
Parbattie Shamille Pursuant to Federal Rule of Civil Procedure 25(a) ("Suggestion of Death")
(ECF No. 35.) Defendant represented that a Google search revealed that Plaintiff died on
November 10, 2015. (Id.) Defendant further stated that pursuant to Rule 25(a), any motion
seeking to substitute Plaintiff with a proper party should be made within 90 days of the

Suggestion of Death. (Id.) Defendant mailed a copy of the Suggestion of Death to Plaintiff.
(Id.) On June 21, 2016, Defendant wrote to the Court seeking dismissal of the case. Defendant
argued that under Rule 25(a)(1), since no one has sought to be substituted for Plaintiff within 90
days of the Suggestion of Death, nor has anyone sought an extension of time to be substituted,
the case must be dismissed. (ECF No. 36.) Defendant also mailed a copy of this letter motion to
Plaintiff. (Id.) The Court now grants Defendant's motion to dismiss this case.
DISCUSSION
Federal Rule of Civil Procedure 25(a)(1) provides that after a party's death is suggested
on the record, "[a] motion for substitution may be made by any party or by the decedent's
successor or representative..., within 90 days after service of a statement noting the death .. . ."
Otherwise, "the action by or against the decedent must be dismissed." FED. R. CIV. P. 25(a)
(emphasis added); see also Unicorn Tales, Inc. v. Banerjee, 138 F.3d 467 (2d Cir. 1998)
(affirming dismissal of case under Rule 25(a)(1) on the grounds that no motion for substitution
of the deceased party was made within 90 days of service of "statement of the fact of . . . death").
It has been over a year since Defendant served and filed the Suggestion of Death. (ECF No. 35.)
No one has sought to be substituted for Plaintiff, nor has anyone sought an extension of time to
be substituted.

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Accordingly, the Court is granting Defendant's motion to dismiss this case under Rule
25(a)(1). (ECF No. 36.) The Clerk of Court is directed to mail a copy of this Memorandum and
Order, via First-Class and Certified Mail, to pro se Plaintiff and to close this case.

SO ORDERED.

Sandra L. Townes

/s/
SANDRA L. TOWNES
United States District Judge

Dated:

)A0,Av"' x__ ~7 0

,

2017

Brooklyn, New York

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