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Thomas v. Rhodes

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 13, 2007

WADE THOMAS, INMATE #B80679, PLAINTIFF,
v.
KELLY RHODES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

This matter comes before the Court on the Suggestion of Death filed on behalf of Defendant Jane Simmons. (Doc. 37.) The Suggestion of Death simply states that Defendant Simmons is now deceased; it does not name Simmons' personal representative as implicitly required by FEDERAL RULE OF CIVIL PROCEDURE 25(a)(1), See Walker v. Pistilli, 1995 WL 151857 (N.D. Ill. Mar. 31, 1995). Particularly because the Plaintiff is proceeding pro se, the Court DIRECTS defense counsel to file a proper suggestion of death for Defendant Simmons, which should include information as to whether a personal representative has been or will be appointed for Defendant Simmons. Defense counsel shall provide this information to the Court within 60 days of the date of this Order.

IT IS SO ORDERED.

David R. Herndon United States District Judge

20070413

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