Wine v. Pollard et al

Filing 23

ORDER signed by Judge Pamela Pepper on 4/26/2018. Case DISMISSED as of 5/28/2018 unless the court receives motion to substitute from plaintiff's estate, successor or representative by end of day 5/25/2018. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
JEREMY M. WINE,
Plaintiff,
v.

Case No. 17-cv-1145-pp

WILLIAM POLLARD, et al.,
Defendants.
______________________________________________________________________________
ORDER DISMISSING CASE AS OF MAY 28, 2018 UNLESS THE
PLAINTIFF’S SUCCESSOR OR REPRESENTATIVE FILES A MOTION TO
SUBSTITUTE BY THE END OF THE DAY ON MAY 25, 2018
______________________________________________________________________________
In August of 2017, the plaintiff—at that time, an state inmate
incarcerated at Dodge Correctional Institution—filed a complaint, alleging that
the defendants had violated his constitutional rights. Dkt. No. 1. Magistrate
Judge Joseph screened that complaint, and allowed the plaintiff to proceed on
claims that the defendants retaliated against him in violation of the First
Amendment, and subjected him to cruel and unusual punishment under the
Eighth Amendment; the court also allowed him to proceed on a related statelaw claim. Dkt. No. 15. The case was reassigned to this court on January 10,
2018. The defendants have answered the complaint. Dkt. No. 19.
On February 23, 2018, the defendants filed a suggestion of death
indicating that the plaintiff died on February 20, 2018. Dkt. No. 21. Because
the plaintiff has passed away, the case can continue only if someone—his
estate, or a “successor” or personal representative—notifies the court that that

1

person or party wishes to substitute for the plaintiff. The court will allow some
time for the plaintiff’s estate, successor or representative to file a motion to
substitute. Fed. R. Civ. P. 25(a). If the court does not receive such a motion by
the deadline below, however, the rule requires that the case “must be
dismissed.” Id.
The court ORDERS that this case is DISMISSED as of May 28, 2018,
unless by the end of the day on May 25, 2018, the court receives from the
plaintiff’s estate, successor or representative a motion to substitute.
Dated in Milwaukee, Wisconsin this 26th day of April, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

2