Bell v. United States (VA)

Filing 149

ORDER OF DISMISSAL: Therefore, in accordance with Federal Rule of Civil Procedure 25(a), Defendants Motion to Dismiss 146 is GRANTED. Plaintiffs First Amended Complaint 31 is DISMISSED without prejudice. Signed on 1/10/2019 by Judge Michael W. Mosman. (kms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JEFFERY BELL,
Plaintiff,

No. 3:15-cv-02176-MO

v.

ORDER OF DISMISSAL

UNITED STATES OF AMERICA,
Defendant.

MOSMAN, J.,
On October 4, 2018, Plaintiff’s death was noted by Defendant’s Motion to Dismiss [146].
Federal Rule of Civil Procedure 25(a) provides that if a motion for substitution “is not made
within 90 days after service of a statement noting the death, the action by or against the decedent
must be dismissed.” No motion for substitution has been made. Therefore, in accordance with
Federal Rule of Civil Procedure 25(a), Defendant’s Motion to Dismiss [146] is GRANTED.
Plaintiff’s First Amended Complaint [31] is DISMISSED without prejudice.
DATED this ____ day of January, 2019.
_________________________
MICHAEL W. MOSMAN
Chief United States District Judge

1 – ORDER OF DISMISSAL