Harding v. Canfield et al

Filing 47

DECISION & ORDER Plaintiff's motion to substitute Kaye Canfield, as the Administrator of the Estate of Wesley Canfield, as a defendant in place of Wesley Canfield 35 is granted. The Clerk of the Court is directed to amend the caption of the c ase to reflect the substitution of Kaye Canfield, as the Administrator of the Estate of Wesley Canfield, for Wesley Canfield. Signed by Hon. Marian W. Payson on 7/1/2020. Copy of this Decision & Order sent by First Class Mail to plaintiff Eric Harding on 7/1/2020 to his address of record. (KAH)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
ERIC HARDING,
DECISION & ORDER
Plaintiff,
17-CV-6024W
v.
WESLEY CANFIELD, et al.,
Defendants.
_______________________________________

Pending before the Court is pro se plaintiff’s motion for substitution of parties
pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure. (Docket # 35). Specifically,
plaintiff seeks to substitute Kaye Canfield, the Administrator of the Estate of Wesley Canfield,1
as a defendant in place of deceased defendant Wesley Canfield. (Docket # 35; see Docket # 39).
On June 4, 2020, the Court ordered that the United States Marshals Service personally serve the
pending motion upon Ms. Canfield. (Docket # 43). Service was effected on June 16, 2020.
(Docket # 45).
On June 26, 2020, Assistant Attorney General Heather L. McKay, Esq., informed
the Court that she would be representing Ms. Canfield in this matter and that Ms. Canfield did
not oppose the pending motion to substitute. (Docket # 46). Accordingly, and for good cause
shown, it is hereby
ORDERED, that plaintiff’s motion to substitute Kaye Canfield, as the
Administrator of the Estate of Wesley Canfield, as a defendant in place of Wesley Canfield

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Although the caption suggests that this defendant’s first name is spelled “Wesely,” it appears that the
proper spelling is “Wesley.”

(Docket # 35) is GRANTED. The Clerk of the Court is directed to amend the caption of the
case to reflect the substitution of Kaye Canfield, as the Administrator of the Estate of Wesley
Canfield, for Wesley Canfield.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
July 1, 2020

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