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Kollyns v. Watson

April 17, 2008

KRIS SARAYN KOLLYNS, PLAINTIFF,
v.
DR. SELMAN WATSON; NURSE FRASER; MARTHA WILLIAMS; DR. JOSE CHAVEZ; INVESTIGATOR RAYFORD MILLER; FRED PAUER; DR. NICHOLAS DEPACE (IN THEIR INDIVIDUAL CAPACITIES); ROBERT STEVENSON (SCDC); HOLLY SCATURO (IN THEIR PERSONAL CAPACITIES); AND THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH (FOR INJUNCTIVE RELIEF), DEFENDANTS.



The opinion of the court was delivered by: Joseph F. Anderson, Jr. United States District Judge

ORDER

The pro se plaintiff filed this action pursuant to 42 U.S.C. § 1983 alleging various violations of his Constitutional rights. On November 21, 2007, the defendants filed a Suggestion of Death, pursuant to Rule 25(a)(2) of the Federal Rules of Civil Procedure, noting that the plaintiff died on or about November 10, 2007.

The Magistrate Judge assigned to this action*fn1 has prepared a Report and Recommendation suggesting that this action be dismissed pursuant to Rule 25 as more than 90 days have passed since the defendants filed the Suggestion of Plaintiff's Death. Since the filing of the Suggestion of Death and the Report, there has been no motion to substitute a party for the plaintiff.

In the Report, the Magistrate Judge has advised the parties of their right to file objections to the Report. Neither party filed objections*fn2 to the Report.

After carefully reviewing the applicable law, the record in this case, and the Report and Recommendation, the court finds the Magistrate Judge's recommendation fairly and accurately summarizes the facts and applies the correct principles of law. The court, therefore, adopts the recommendation of the Magistrate Judge in full and incorporates this Report by specific reference.

Accordingly, this action is dismissed without prejudice and defendants' motion for summary judgment is moot.

IT IS SO ...


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