Rainey v. Clark

Filing 12

ORDER directing the appropriate party for the decedent Plaintiff to file a motion for substitution pursuant to Rule 25 of the Federal Rules of Civil Procedure within ninety (90) days and directing the Clerk of Court to mail a copy of this Order to the Plaintiff's next of kin as provided by the South Carolina Department of Corrections. Signed by Magistrate Judge Paige J. Gossett on 11/20/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Larry Jerome Rainey,

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Plaintiff,
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v.
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Sgt. D. Clark, Correctional Officer, Evan
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Corr. Inst.,
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Defendant.
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_____________________________________ )

C/A No. 0:17-2773-RMG-PJG

ORDER

The plaintiff, Larry Jerome Rainey, a self-represented inmate, filed this civil action pursuant
to 42 U.S.C. § 1983. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil
Rule 73.02(B)(2) (D.S.C.).
It has come to the court’s attention that Plaintiff has died while in prison. Rule 25(a)(1) of
the Federal Rules of Civil Procedure states:
If a party dies and the claim is not extinguished, the court may order substitution of
the proper party. A motion for substitution may be made by any party or by the
decedent’s successor or representative. 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.
Accordingly, it is hereby
ORDERED that the appropriate party for the decedent shall file a motion for substitution
pursuant to Rule 25 of the Federal Rules of Civil Procedure within ninety (90) days from the date
of this order. Failure to do so may result in dismissal of this civil action. It is further
ORDERED that the Clerk of Court is directed to mail a copy of this Order to the Plaintiff’s
next of kin as provided by the South Carolina Department of Corrections.

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IT IS SO ORDERED.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
November 20, 2017
Columbia, South Carolina

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