Stevens v. Glover

Filing 20

ORDER DISMISSING CASE without prejudice. Signed by Honorable Joseph F Anderson, Jr on 6/29/11. (rpol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

David Stevens, #117557,
Plaintiff,
vs.
Samuel B. Glover, in his individual capacity
as Director of the Department of Probation,
Parole and Pardon Services; Mark Sanford,
Governor; Jon Ozmint, Director, South
Carolina Department of Corrections, in their
individual and official capacities,
Defendants.
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C/A: 9:10-2635-JFA-BM

ORDER

This action was filed by the plaintiff, pro se, asserting various claims for violations
of due process, the Americans with Disability Act (ADA), and the Eighth Amendment. The
defendants filed an answer to the complaint. The court has recently learned that the plaintiff
died of natural causes on January 6, 2011, while incarcerated at the Kirkland Correctional
Institution of the South Carolina Department of Corrections (SCDC).
The defendants filed a Suggestion of Death (ECF No. 18) on February 22, 2011. An
Addendum to the Suggestion of Death (ECF No. 19) was filed on May 6, 2011, noting that
there has been no probate estate opened on the plaintiff, David Stephens, #117557. Counsel
for the defendants attests that plaintiff’s personal effects were retrieved from the SCDC by
a family member. Counsel further attests that no family member or representative of the

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deceased plaintiff has contacted counsel and that counsel is unaware of any addresses of any
family members.
Pursuant to Federal Rule of Civil Procedure 25, if the successor, personal
representative of plaintiff’s estate, or other appropriate party wishes to proceed on the
decedent’s behalf, he or she may file a motion for substitution with the court. 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. Fed. R. Civ. P. 25(a)(1).
No party having filed such a motion for substitution, the undersigned hereby dismisses
this action without prejudice.
IT IS SO ORDERED.

June 29, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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