Bailey et al v. Polk County, North Carolina et al

Filing 27

ORDER granting 26 Motion to Substitute Party. Casey Joe Huntley added as the personal representative of the Estate of Carlton Bill Huntley. Carlton Bill Huntley terminated. Signed by Magistrate Judge Dennis Howell on April 4, 2011. (jhg)

-DLH Bailey et al v. Polk County, North Carolina et al

Doc. 27

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:10cv264 MAX BAILY; MARGARET DALTON, CARLTON BILL HUNTLEY, K.C., by his guardian ad litem Robert C. Carpenter, Esq., A.D., by her guardian ad litem James W. Kilbourne, Jr., Esq., and STEVE MARLOWE ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) POLK COUNTY, NORTH CAROLINA, ) POLK COUNTY SHERIFF'S ) DEPARTMENT, MATT PRINCE, ) TRENT CARSWELL, CHRIS ABRIL, ) CHARLES GRADY SHEHAN, ) UNKNOWN POLICE OFFICERS, ) and OTHER UNKNOWN STATE AND ) FEDERAL LAW ENFORCEMENT ) AGENCIES, ) ) Defendants. ) ___________________________________ )

ORDER

Pending before the Court is Plaintiffs' Unopposed Motion to Substitute Party [# 26]. Plaintiffs move pursuant to Rule 25(a) to substitute Casey Joe Huntley for Plaintiff Carlton Bill Huntley, who died on December 21, 2010. Casey Joe Huntley has been appointed the Personal Representative of the Estate of Carlton Bill Huntley. Defendants do not object to the substitution of parties in this case. Rule 25 provides that upon the death of a party to a civil action, the Court may

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order the substitution of the proper party upon a motion for substitution made by the decedent's representative. Fed. R. Civ. P. 25(a). Casey Joe Huntley is the Accordingly, the Court

representative of the deceased, Carlton Bill Huntley.

GRANTS Plaintiffs' Unopposed Motion to Substitute Party [# 26]. The Court DIRECTS the Clerk to SUBSTITUTE Casey Joe Huntley, as the personal representative of the Estate of Carlton Bill Huntley, for Carlton Bill Huntley as Plaintiff in this action.

Signed: April 4, 2011