Opinion
3:16-CV-00745-MMD-CLB
08-18-2023
JOHN DAVID PAMPLIN, Plaintiff, v. WARDEN BAKER, et al., Defendants.
ORDER TO SUBSTITUTE [ECF NO. 143]
Defendants entered a suggestion of death on the record as to Defendant Gregory Martin. (ECF No. 143). Pursuant to Federal Rule of Civil Procedure 25(a)(1), “[i]f a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.” Fed.R.Civ.P. 25(a)(1). Therefore, if a motion for substitution by the decedent's successor or representative is not filed on or before Thursday, November 16, 2023, Defendant Gregory Martin must be dismissed from this action.
IT IS SO ORDERED.