Mendez v. Knoblach et al

Filing 63

DECISION AND ORDER: ORDERED that, the 60 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Ms. Mendez's 50 Motion to Substitute is DENIED. ORDERED, that this case is DISMISSED for failure to substitute within 90 days after service of the statement noting the death of plaintiff Angel Mendez pursuant to Federal Rule of Civil Procedure 25(a). Signed by Judge David N. Hurd on 11/26/13. (served on Carmen Mendez by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ANGEL MENDEZ,
Plaintiff,
No. 11-CV-961
-vKNOBLACH, Sgt., Onieda Correctional Facility;
MASNER, Correctional Officer, Onieda
Correctional Facility; and TIMOTHY COLLINS,
Correctional Officer, Onieda Correctional Facility,

Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

ANGEL MENDEZ
Plaintiff pro se
05-A-5320
Wende Correctional Facility
Regional Medical Unit
P.O. Box 1187
Alden, NY 14004
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

CHRISTOPHER W. HALL, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Angel Mendez brought this action pursuant to 42 U.S.C. § 1983.
Subsequently, plaintiff died and his wife, Carmen Mendez, attempted to substitute herself as

plaintiff and continue the action on her deceased husband's behalf. On September 17, 2013,
the Honorable Christian F. Hummel, United States Magistrate Judge, advised by ReportRecommendation that Ms. Mendez's motion to substitute be denied. No objections to the
Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Ms. Mendez's motion to substitute is DENIED; and
2. This case is DISMISSED for failure to substitute within 90 days after service of
the statement noting the death of plaintiff Angel Mendez pursuant to Federal Rule of Civil
Procedure 25(a).
The Clerk is directed to serve a copy of this Decision and Order upon defendants
and Carmen Mendez.
IT IS SO ORDERED.

Dated: November 26, 2013
Utica, New York.

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