November 27, 2013
ANGEL MENDEZ, Plaintiff,
KNOBLACH, Sgt., Onieda Correctional Facility; MASNER, Correctional Officer, Onieda Correctional Facility; and TIMOTHY COLLINS, Correctional Officer, Onieda Correctional Facility, Defendants.
ANGEL MENDEZ, Plaintiff pro se, 05-A-5320, Wende Correctional Facility, Regional Medical Unit, Alden, NY.
CHRISTOPHER W. HALL, ESQ. HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York Ass't Attorney General, Attorney for Defendants, Albany, NY.
DAVID N. HURD, District Judge.
Pro se plaintiff Angel Mendez brought this action pursuant to 42 U.S.C. § 1983. Subsequently, plaintiff died and his wife, Carmen Mendez, attempted to substitute herself as plaintiff and continue the action on her deceased husband's behalf. On September 17, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that Ms. Mendez's motion to substitute be denied. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
1. Ms. Mendez's motion to substitute is DENIED; and
2. This case is DISMISSED for failure to substitute within 90 days after service of the statement noting the death of plaintiff Angel Mendez pursuant to Federal Rule of Civil Procedure 25(a).
The Clerk is directed to serve a copy of this Decision and Order upon defendants and Carmen Mendez.
IT IS SO ORDERED.