Hampton v. Wetzel et al

Filing 83

ORDER denying pltf's motion 75 to substitute party. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/5/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHAWN HAMPTON,
Plaintiff
v.
JOHN E. WETZEL, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-898
(Chief Judge Conner)

ORDER
AND NOW, this 5th day of February, 2019, upon consideration of plaintiff’s
motion (Doc. 75) to substitute pursuant to Rule 25(a)(1) of the Federal Rules of Civil
Procedure, wherein he requests that the court substitute a representative or
successor of the deceased party Robin Lewis,1 and the court noting that Rule
25(a)(1) authorizes the substitution of a proper party for a deceased party if the
claim against the deceased is not extinguished, see FED. R. CIV. P. 25(a)(1), and it
appearing that the claims against Robin Lewis were dismissed on March 21, 2016
while she was named as Jane Doe Chief Hearing Examiner of the Department of
Corrections (see Docs. 31, 32), and the court further noting that decisions regarding
party substitutions plainly rest within the court’s discretion, see McKenna v. Pac.
Rail Serv., 32 F.3d 820, 836 (3d Cir. 1994); FED. R. CIV. P. 25(a)(1) (providing that

Robin Lewis died on December 21, 2015, before she was identified as a
party to this action. (Doc. 61 ¶ 5). On May 4, 2018, defense counsel filed a
suggestion of death upon the record. (Doc. 61). On July 16, 2018, plaintiff filed the
instant motion to substitute. (Doc. 75).
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the court “may order substitution of the proper party”) (emphasis added), it is
hereby ORDERED that the motion (Doc. 75) is DENIED.

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