9:25-cv-00516•Doane v. Doe et al
Testo completo
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________ _______________________ Michael Lee Doane, Plaintiff,1 9:25-CV-516 v. (DNH/MJK) King et. al., Defendants. Michael Lee Doane, pro se Alexandra L. Galus, Esq., Assistant Attorney General for Defendants To the Honorable David N. Hurd, Senior District Court Judge: REPORT-RECOMMENDATION Doane, appearing pro se, commenced this action on April 28, 2025 by filing a Complaint. (Dkt. 1). On July 15, 2025, Doane filed an Amended Complaint. (Dkt. 11). Issue was joined on October 22, 2025 by the filing of an Answer. (Dkt. 19). On December 11, 2025, Defendant filed a Suggestion of Death under Fed. R. Civ. P. 25(a) advising that Doane died on or about October 30, 2025. (Dkt. 22).2 On December 11, 2025, Defendant filed a letter motion requesting a stay of all deadlines 1 Doane died on October 30, 2025. (Dkt. 22). 2 Defendant filed a Declaration of Service demonstrating due and proper service of the Suggestion of Death on December 11, 2025. Case 9:25-cv-00516-DNH-MJK Document 26 Filed 04/08/26 Page 1 of 2
in this matter. (Dkt. 23). On December 17, 2025, the Court issued a text order granting the December 11, 2025 letter motion staying all discovery deadlines and directing Doane’s “successor or representative” to file a motion for substitution within 90 days of service of the Suggestion of Death. (Dkt. 24). No motion to substitute has been filed, as directed. An action must be prosecuted in the name of the real party in interest. See Fed. R. Civ. P. 17. As Doane was the real party in interest and has died, the action may only continue through an estate representative, i.e., an executor or an administrator. See Fed. R. Civ. P. 17. Doane’s family had from December 11, 2025 to March 11, 2026 to secure an estate representative or administrator. However, Doane’s family failed to do so. The Court therefore recommends that the action be dismissed without prejudice. WHEREFORE, based on the findings above, it is hereby RECOMMENDED, that the Amended Complaint (Dkt. 11) be DISMISSED WITHOUT PREJUDICE. Dated: April 7, 2026. ____________________________ Hon. Mitchell J. Katz U.S. Magistrate Judge Case 9:25-cv-00516-DNH-MJK Document 26 Filed 04/08/26 Page 2 of 2
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.