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Faison v. Labriola

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 23, 2007

OSCAR SENTELL FAISON, PLAINTIFF,
v.
SUPERINTENDENT OF SECURITY A. LABRIOLA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

On February 16, 2007, defendants filed a Suggestion of Death as to defendant Michael Murray. Thereafter, on June 26, 2007, plaintiff moved for leave to serve a representative of the deceased defendant. Defendants opposed the motion.

Plaintiff's request is denied. Federal Rules of Civil Procedure 25 sets forth procedure for substituting parties based on the death of one of the named parties. The rule requires that a substitution may be made within 90 days of the filing of a Suggestion of Death. Plaintiff failed to meet those requirements and, therefore, the action must be dismissed against defendant Michael Murray.

CONCLUSION

Plaintiff's motion for substituted service (Dkt. #54) is denied. The complaint against defendant Michael Murray is dismissed with prejudice.

IT IS SO ORDERED.

Rochester, New York

20071023

© 1992-2007 VersusLaw Inc.



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