Opinion
9:01-CV-877 (FJS/DEP).
June 6, 2007
ANTHONY D. AMAKER, 89-T-2815, Wende Correctional Facility, Alden, New York, Plaintiff pro se. JEFFREY P. MANS, AAG, OFFICE OF THE NEW YORK, STATE ATTORNEY GENERAL, Department of Law, Albany, New York.
ORDER
On May 19, 2006, Defendants' counsel filed a Suggestion of Death with respect to Defendant Mayo. See Dkt. No. 195. In response, Plaintiff filed a cross-motion for substitution, seeking the name of Defendant Mayo's legal representative. See Dkt. No. 203. On December 20, 2006, this Court denied Plaintiff's cross-motion for substitution without prejudice to renew upon identification of Defendant Mayo's representative and granted Plaintiff additional time, until January 29, 2007, to file a renewed motion for substitution. See Dkt. No. 218. In addition, the Court instructed the New York State Attorney General's Office to "promptly disclose to Plaintiff and to the Court any information it has, or hereafter acquires, regarding the identify of Defendant Mayo's legal representative." See id. at 7. Thereafter, on December 29, 2006, the New York State Attorney General's Office filed a letter, advising Plaintiff and the Court that it "d[id] not have any information regarding the identity of the legal representative or successor to be substituted for . . . [D]efendant Mayo." See Dkt. No. 219.
Although the Court provided him with an extension of time in which to do so, Plaintiff has not renewed his motion for substitution. Therefore, the Court hereby
ORDERS that Defendant O. Mayo is DISMISSED as a Defendant in this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED.