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Brannan v. Owens

United States District Court, M.D. Georgia, Macon Division

June 17, 2015

ANDREW HOWARD BRANNAN, Plaintiff,
v.
Commissioner BRIAN OWENS, et al., Defendants.

ORDER

MARC T. TREADWELL, District Judge.

Before the Court is United States Magistrate Judge Stephen Hyles's Recommendation to grant Defendants Rowles and Thorneloe's motion to dismiss (Doc. 38) and to dismiss the action as a whole pursuant to Fed.R.Civ.P. 25(a)(1)[1] because no motion for substitution was made within 90 days after service of the suggestion of death. (Doc. 39). No objection to the Recommendation has been filed. Because no motion for substitution has been made, the Court agrees the case must be dismissed. The Court has reviewed the Recommendation, and the Recommendation is ADOPTED and made the order of this Court. Accordingly, the case is DISMISSED.[2]

SO ORDERED.


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