Opinion
Civil Action 20-1005
11-29-2023
RAMON SANCHEZ, Plaintiff, v. CAPTAIN SILBAUGH, LIEUTENANT LEWIS, STEVEN LONGSTREATH, PSYCHOLOGIST WHITMAN, PSYCHIATRIST PUSHKALAI PILLAI, Defendants.
Re: ECF No. 200
W. Scott Hardy District Judge
REPORT AND RECOMMENDATION
MAUREEN P. KELLY UNITED STATES MAGISTRATE JUDGE
I. RECOMMENDATION
It is respectfully recommended that the claims against Defendant Captain Silbaugh be dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1).
II. REPORT
A. RELEVANT PROCEDURAL HISTORY
Ramon Sanchez (“Plaintiff”) is an inmate currently incarcerated at the State Correctional Institution at Phoenix (“SCI - Phoenix”). Through his Second Amended Complaint, ECF No. 65, Sanchez asserts claims against employees of the Pennsylvania Department of Corrections (“DOC”) and a contracted mental health provider related to the conditions of his confinement at the State Correctional Institution at Greene (“SCI - Greene”). Sanchez alleges that Defendants violated his constitutional rights by placing him in a restrictive Security Threat Group Management Unit (“STGMU”) and by failing to provide mental health treatment for the period January 22, 2018, through October 24, 2018. ECF No. 65.
On August 8, 2023, counsel for Defendants Silbaugh, Lieutenant Lewis, Steven Longstreath, and Psychologist Whitman filed a Suggestion of Death as to Stephen C. Silbaugh, declaring that Defendant Silbaugh died on or about November 17, 2021. ECF No. 200. The Suggestion of Death was filed with counsel's Certificate of Service certifying that the Suggestion of Death was served on Plaintiff by First Class Mail on August 8, 2023, at his address of record. Id.
B. DISCUSSION
Federal Rule of Civil Procedure 25 provides, in relevant part:
(1) Substitution if the Claim Is Not Extinguished. If 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).
Defendants' counsel filed notice of Captain Silbaugh's death on August 8, 2023. The time to file a motion to substitute party expired on November 6, 2023, and no party has filed a motion for substitution. Therefore, Plaintiff's claims against Captain Silbaugh should be dismissed.
C. CONCLUSION
For these reasons, it is respectfully recommended that Plaintiff's claims against Captain Silbaugh be dismissed.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Rule 72.D.2, the parties may file written objections within fourteen days, or seventeen days for unregistered ECF Users. Objections are to be submitted to the Clerk of Court, United States District Court, 700 Grant Street, Room 3110, Pittsburgh, PA 15219. Failure to timely file objections waives the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n. 7 (3d Cir. 2011). Any party opposing objections may respond to the objections within 14 days in accordance with Local Civil Rule 72.D.2.