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Civil Rights: Other | New York Eastern
Judgment - Clerk
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff George Clancy take nothing of Defendants Town of Southold, Town of Southold Police Department, P.O. Rory Flatley, and P.O. Peter Onufrak; that this action is dismissed pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure; and that this action is terminated. Ordered by Clerk of Court on 9/14/2021 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim)
Order(Other)
ORDER re 45 Notice: On May 28, 2021, Defendants filed a 45 Notice of Suggestion of Death as to Plaintiff George Clancy. The Affidavit of Service accompanying the Notice reflects service upon both Plaintiff and Plaintiff's Estate on May 27, 2021. More than ninety (90) days have passed since service of the Notice of Suggestion of Death, and no party (including Plaintiff's successor or representative) has filed a motion to substitute under Federal Rule of Civil Procedure 25(a)(1). Dismissal is therefore mandatory: "If the motion [to substitute] 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).For the reasons stated, IT IS HEREBY ORDERED that the action is DISMISSED pursuant to Federal Rule of Civil Procedure 25(a)(1). The Clerk of Court is respectfully directed to enter judgment accordingly and to terminate the action. Ordered by Judge Denis R. Hurley on 9/10/2021. (Ready, John)
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