Doane v. Doe et al

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.
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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
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