Brown v. Vail et al

Filing 57

ORDER GRANTING PLAINTIFFS MOTION TO SUBSTITUTE PARTIES. Plaintiffs Motion to Substitute Parties ECF No. 51 is GRANTED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)**3 PAGE(S), PRINT ALL**(Gregory Brown, Prisoner ID: 281829)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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GREGORY TYREE BROWN,
NO. 2:15-CV-0121-TOR
Plaintiff,

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ORDER GRANTING PLAINTIFF’S
MOTION TO SUBSTITUTE PARTIES

v.
ELDON VAIL, et al,
Defendants.

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BEFORE THE COURT is Plaintiff’s Motion to Substitute Parties. ECF No.

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51. This matter was submitted for consideration without oral argument. The Court

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has reviewed the record and files herein, and is fully informed. For the reasons

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discussed below, Plaintiff’s Motion to Substitute Parties (ECF No. 51) is

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GRANTED.

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BACKGROUND

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On August 3, 2015, Plaintiff Gregory Tyree Brown, a pro se prisoner

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currently housed at the Clallam Bay Corrections Center, filed his First Amended

ORDER GRANTING PLAINTIFF’S MOTION TO SUBSTITUTE PARTIES ~ 1

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Complaint. ECF No. 5. Plaintiff alleged that Defendants violated his federal and

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state constitutional rights when they confiscated and destroyed 55 of his personal

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photographs. Id.

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On March 31, 2016, this Court granted Defendants’ Motion to Dismiss and

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dismissed Plaintiff’s First Amended Complaint. ECF No. 26. On March 1, 2018,

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the Ninth Circuit vacated the dismissal of Plaintiff’s action and remanded to this

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Court. ECF No. 36. By Mandate, the Ninth Circuit’s judgment took effect on

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March 23, 2018. ECF No. 45.

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On June 6, 2018, Plaintiff filed the instant motion to substitute parties. ECF
No. 51.

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DISCUSSION
Plaintiff requests the Court substitute Defendants Eldon Vail and Bernard

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Warner in their official capacities with the current Secretary of Department of

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Corrections (DOC), Stephen Sinclair. Id. at 1. Plaintiffs also request that his

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claims against Defendants Vail and Warner remain in their individual capacities.

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Id. at 2.

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Defendants respond that under Federal Rule of Civil Procedure 25(d), when

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a public officer leaves during the pendency of an action, the officer’s successor is

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automatically substituted as a party. ECF No. 52 at 2; Fed. R. Civ. P. 25(d).

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Defendants note that Defendants Vail and Warner are both former DOC

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Secretaries. ECF No. 52 at 2. Mr. Sinclair became the DOC Secretary in 2017.

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Id. Defendants then agree that Defendants Vail and Warner are replaced by Mr.

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Sinclair in his official capacity. Id.

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The Court finds that Defendants Vail and Warner are automatically

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substituted in their official capacities by the current DOC Secretary. See Fed. R.

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Civ. P. 25(d). As the parties agree, the Court determines that Defendants Vail and

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Warner are replaced by Mr. Sinclair in his official capacity as the DOC Secretary.

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The Court notes that Plaintiff’s claims against Defendants Vail and Warner in their

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individual capacities remain.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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Plaintiff’s Motion to Substitute Parties (ECF No. 51) is GRANTED.

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The District Court Executive is directed to enter this Order, furnish copies to

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the parties, and adjust the docket accordingly.
DATED June 29, 2018.

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THOMAS O. RICE
Chief United States District Judge

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ORDER GRANTING PLAINTIFF’S MOTION TO SUBSTITUTE PARTIES ~ 3