Opinion
C. A. No. 5:11-cv-1103-RMG
08-24-2012
Stephen Westbrook, Plaintiff, v. Capt. Freddie Arwood, Sheriff Bruce Bryant, Sgt. R. Catoe, T. Dover, RN Lt. R. Guirdy, Martin - Jail Administrator, Officer Price, Defendants.
ORDER
This action has been filed by the Plaintiff, pro se, asserting claims under 42 U.S.C. § 1983. The Court recently learned that the Plaintiff died on May 9, 2012. (Dkt. No. 54-1). The Court is informed that, as of August 22, 2012, no petition for the opening of an estate or an application for the appointment of a personal representative has been filed for the Plaintiff. In light of the unique circumstances of this case, the Clerk of Court is hereby directed to close this case without prejudice. Cf. McSwain v. Suliene, Nos. 09-219, 09649, 2010 WL 148185, at *2 (W.D. Wis. Jan. 11,2010).
Based on the foregoing, it is hereby ORDERED that the Clerk of Court close this case without prejudice. The Clerk shall note that the Plaintiff's representative or successor is free to file a motion to reopen this case along with a suggestion of death and motion for substitution. The Clerk is instructed to send a copy of this Order to the Plaintiff's last known address.
AND IT IS SO ORDERED.
_________
Richard Mark
United States District Judge
August 24, 2012
Charleston, South Carolina