Cass v. Reisch et al

Filing 25

ORDER directing complaint will be dismissed if a motion for substitution is not made. Signed by U. S. District Judge Lawrence L. Piersol on 8/23/11. (JMM)

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FILED UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION AUG 2 3 20U ~~ ***************************************************************************** * * * * * * * * * * * * * * * * * * I HARVEY CASS, Plaintitt: vs. TIMOTHY REISCH, Director, South Dako~a Department of Corrections; WIL~AM "Bill" DOOLEY, Warden, Mike urfee State Prison, Sprin field, South Dakota; and DOU· WEBER, Warden, South Dakota State Penitentiary; all in their official and individual capacities, Defendants. CIV 10-4159 ORDER ****************************************************************************** The Court is in receipt of Suggestion of Death Under Federal Rule of Civil Procedure 25, i Doc. t4, in which the Court is advised that Plaintiff Harvey Cass died on July 3,2011. Accordingly, i IT IS ORDERED That Plaintiffs Complaint will be dismissed if a Motion for Substitution is not made within ninety (90) days after the Suggestion of Death was filed Dated this ~y ofAugust, 2011. BY THE COURT: ~~u~LIl.d:~';U-z,--...._ wrence L. Piersol nited States District Judge ATTdsT: JOSEPH HAAS, CLERK B~t,.lV?k·J"1Y. k~ : DEPUTY

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