Pease v. Hyde et al

Filing 5

ORDER AND JUDGMENT OF DISMISSAL in favor of Brenda Hyde, Danny Kaemingk, John Does, Tanya Reiser against Bonnie Pease. Signed by U. S. District Judge Roberto A. Lange on 12/3/13. (CMS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
BONNIE PEASE
Plaintiff,
vs.
BRENDA HYDE; DANNY KAEMINGK;
TANYA REISER; and JOHN DOE
Defendants.

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FILED
DEC 03 2013

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Civ. 13-03003-RAL

ORDER AND JUDGMENT OF
DISMISSAL

Plaintiff Bonnie Pease ("Pease") filed a Complaint, Doc. 1, pursuant to 42 U.S.C. §
1983 on January 24,2013. That same day, the Clerk of Court mailed Pease a Letter, Doc. 2,
instructing Pease to fill out the enclosed Civil Rights Case Form, advising Pease of the
requirement to pay the full filing fee of$350.00 even if she were granted in forma pauperis
status, and instructing Pease to fill out the enclosed Application to Proceed in Forma Pauperis
and Prisoner Trust Account Report. Pease did not return the enclosed forms as directed.
On October 15,2013, this Court entered an Order, Doc. 3, providing Pease thirty
additional days to submit an Application to Proceed in Forma Pauperis and a Prisoner Trust
Account Report. Doc. 3. A copy of this Order was mailed to Pease at her correctional institute.
On October 21,2013, the Order was returned as undeliverable because Pease is deceased.

Because Pease did not initially comply with this Court's Order and has now passed away, this
Case shall be dismissed without prejudice.
Therefore, it is hereby
ORDERED, ADJUDGED, and DECREED that the Complaint, Doc. 1, is dismissed

without prejudice and that Judgment of Dismissal hereby enters under Rules 54 and 58 of the
Federal Rules of Civil Procedure.
Dated December

trL
L, 2013.

BY THE COURT:

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ROBERTO A. LANGE
UNITED STATES DISTRICT JUDGE