Miller v. Berdanier et al

Filing 101

ORDER re: pltf's death - It is hereby ORDERED that: 1. Pro se pltf's motion 61 for disclosure of med recs & MSJ 90 DENIED as MOOT.; 2. Defts' MTDs 62 , 65 , & 78 DENIED as MOOT.;l 3. Matter DISMISSED pursuant to FRCP 25(a)(1).; 4. Clrk of Ct directed to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/9/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EDWARD MILLER,
Plaintiff,
v.
EUGENE BERDANIER, et al.,
Defendants.

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CIVIL NO. 1:12-CV-0520
(Chief Judge Conner)

ORDER
AND NOW, this 9th day of April, 2014, upon consideration of the court’s
order (Doc. 96) dated January 6, 2014, wherein the court acknowledged the death of
the pro se plaintiff on December 23, 2013 and directed defendants to file a statement
of suggestion of death in compliance with Federal Rule of Civil Procedure 25 within
ten (10) days of the date of the order, and further upon consideration of defendants’
suggestions of death (Docs. 97-99) filed January 7, 2014, and the court noting that
Federal Rule of Civil Procedure 25 provides, in pertinent part, that when a party
dies and his claim is not extinguished, the decedent’s successor or representative
may move to substitute himself or herself as a party to the action within ninety (90)
days of service of a suggestion of death, FED . R. CIV . P. 25(a)(1), and further directs
the court to dismiss the action if such a motion is not timely filed, id. (“If the motion
is not made within 90 days after service of a statement noting the death, the action
by or against the decedent must be dismissed.”), and the court observing that the

deadline for filing a Rule 25(a)(1) motion expired on April 7, 2014, and that to date
no such motion has been filed, it is hereby ORDERED that:
1.

The pro se plaintiff’s motion (Doc. 61) for disclosure of medical records
and motion (Doc. 90) for summary judgment are DENIED as moot.

2.

Defendants’ motions (Docs. 62, 65, 78) to dismiss are DENIED as moot.

3.

The above-captioned matter is DISMISSED pursuant to Federal Rule
of Civil Procedure 25(a)(1).

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

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