United States of America v. Canaday

Filing 75

MEMORANDUM OPINION AND ORDER: Plaintiff's 74 MOTION to Substitute T. A. Bailey as representative of the Estate of Timothy W. Canaday, as a party in this action for the deceased defendant, Timothy W. Canaday, is GRANTED. This matter was staye d because of Canaday 's health and that stay is LIFTED and the Clerk is directed to REINSTATE this matter to the court's active docket. Signed by Senior Judge David A. Faber on 6/29/2017. (cc: counsel of record; any unrepresented party) (mk) Modified text on 6/29/2017 (cds).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
UNITED STATES OF AMERICA,
Plaintiff,
v.

CIVIL ACTION NO. 1:14-27450

TIMOTHY W. CANADAY, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s motion to
substitute T.A. Bailey, as representative of the Estate of
Timothy W. Canaday, as a party in this action for the deceased
defendant, Timothy W. Canaday.
died on December 5, 2016.

(ECF No. 74).

(ECF No. 73).

Timothy Canaday

On May 4, 2017, the

Clerk of the Mercer County Commission in the state of West
Virginia appointed Sheriff T.A. Bailey as the administrator of
the Estate of Timothy W. Canaday.

(ECF No. 74-1).

Accordingly,

plaintiff’s motion to substitute is GRANTED.*
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED this 29th day of June, 2017.
ENTER:
David A. Faber
Senior United States District Judge
*

This matter was stayed because of Canaday’s health and
that stay is now LIFTED and the Clerk is directed to REINSTATE
this matter to the court’s active docket.