United States Eighth Circuit

Dismissal of plaintiff-guardian's section 1983 suit is affirmed where he did not show excusable neglect for his failure to timely file a motion to substitute parties within 90 days of the subject's death, as required by Rule 25 of the Federal Rules of Civil Procedure.

Appellate Information

• Decided 05/27/2005
• Published 05/27/2005

Judges

• SMITH, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephanie Pochop, argued, Gregory, SD (Rick Johnson, on the brief), for appellant.


• For Appellees:
  
• James E. Moore, argued, Sioux Falls, SD, for Appellee Weber., Mark F. Marshall, argued, Sioux Falls, SD, for Appellee Sioux Valley Hospital.