London v. Miller et al

Filing 40

JUDGMENT of Dismissal without Prejudice. Signed by U.S. District Judge Roberto A. Lange on 8/1/18. (JLS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

LAURA

LONDON,

SURVIVOR

PERSONAL REPRESENTATIVE

AND

4:I7-CV-04165-RAL

OF THE

ESTATE OF MICHAEL J. LONDON,
Plaintiff,

JUDGMENT OF DISMISSAL
WITHOUT PREJUDICE

vs.

DARRELL MILLER, SHERIFF, IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
STEVE SMITH, ATTORNEY, QMHP, IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
SCOTT POWERS,DEPUTY SHERIFF,IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
JOHN KOENIG, SD HIGHWAY PATROL
TROOPER, RETIRED, DJ HIS INDIVIDUAL
AND
OFFICIAL
CAPACITY;
JOE
HUTMACHER, CHAMBERLAIN POLICE
CHIEF, IN HIS INDIVIDUAL AND OFFICIAL
CAPACITY; FRANK SCOTT, KIMBALL
POLICE CHIEF, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; DUSTIN POWELL,
CHAMBERLAIN POLICE OFFICER, IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
CATLAND LANDEGENT, CHAMBERLAIN
POLICE OFFICER,IN HIS INDIVIDUAL AND
OFFICIAL
CAPACITY;
CODY
SCHMEICHEL, SD HIGHWAY PATROL
TROOPER, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; CHRIS KONRAD,
SOUTH DAKOTA DCI AGENT, IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
TOBY RUSSEL, SOUTH DAKOTA DCI
AGENT, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; BRIAN BIEHL, SD

HIGHWAY PATROL TROOPER (FORMER),
IN

HIS

INDIVIDUAL

CAPACITY;

ADAM

AND

OFFICIAL

WOXLAND,

SD

HIGHWAY PATROL, IN HIS INDIVIDUAL
AND
OFFICIAL
CAPACITY; STEVE
MANGER, SHERIFF LYMAN COUNTY, IN
HIS

INDIVIDUAL

AND

OFFICIAL

CAPACITY; TERRANCE REYELTS, POLICE
OFFICER,

IN

HIS

INDIVIDUAL

AND

OFFICIAL CAPACITY; DEAN KNIPPLING,
POLICE SGT., IN HIS INDIVIDUAL AND

OFFICIAL CAPACITY; DON JENNINGS,
DEPUTY SHERIFF, IN HIS INDIVIDUAL

AND

OFFICIAL

CAPACITY;

ROBERT

MAYER, SOUTH DAKOTA HIGHWAY
PATROL SGT., IN HIS INDIVIDUAL AND

OFFICIAL
CAPACITY;
DIANA
LANDEGENT, CONSERVATION OFFICER,
SDGFP,

IN

HER

INDIVIDUAL

AND

OFFICIAL CAPACITY; BRIDGET MAYER,
ASSISTANT ATTORNEY GENERAL,IN HER
INDIVIDUAL AND OFFICIAL CAPACITY;
KELLY
MARNETTE,
ASSISTANT
ATTORNEY
GENERAL,
IN
HER
INDIVIDUAL AND OFFICIAL CAPACITY;
DAVE) NATVIG, STATE'S ATTORNEY, IN
HIS

INDIVIDUAL

AND

OFFICIAL

CAPACITY; PAUL SCHEUTH, CHIEF OF
POLICE & JAIL ADMINISTRATOR, IN
HIS

INDFVroUAL

AND

OFFICIAL

CAPACITY; RICHARD BERTRAM, STAFF,
IN

HIS

INDIVIDUAL

AND

OFFICIAL

CAPACITY; WINNER CITY JAIL STAFF, IN
THEIR

INDIVIDUAL

AND

OFFICIAL

CAPACITY; WINNER CITY JAIL MEDICAL

STAFF, IN THEIR OFFICIAL CAPACITY;
AND BRULE COUNTY JAIL STAFF, IN
THEIR OFFICIAL CAPACITY,
Defendants.

On July 2, 2018, this Court filed an Opinion and Order Regarding Reason for Dismissal

Without Prejudice, explaining why Plaintiff Laura London (Laura) could not proceed because

Jones ex rel Jones v. Correctional Medical Services. Inc.. 401 F.3d 950, 951 (8th Cir. 2005),

"prohibit[s] a non-attomey administrator of an estate from proceeding pro se when there are other
beneficiaries or creditors of the estate," as there are in the Estate of Michael J. London. Doc. 39.

In the conclusion of that Opinion and Order, this Court alerted Laura "that the complaint will be
dismissed without prejudice to refiling, unless Laura secures counsel to proceed by July 23,2018."

There have been no filings in this case since July 2, 2018, including no notice of appearance by
any attorney retained by Laura for the estate or any motion by Laura for additional time to retain

counsel. Therefore, for the reasons explained in the prior Opinion and Order, Doc.39, it is hereby
ORDERED, ADJLfDGED AND DECREED that Judgment ofdismissal without prejudice
to refiling hereby enters under Rules 54 and 58 of the Federal Rules of Civil Procedure. It is
further

ORDERED that the remaining motions to dismiss, Docs. 18 and 35, are denied as moot.

DATED this 1*^ day of August, 2018.
BY THE COURT:

ROBERTO A. LANGI

UNITED STATES DISTRICT JUDGE