IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

TERRY PAUL HEDIN, 

Plaintiff, 

vs. 

JUAN D. CASTILLO; Regional 

Director; lVIARION FEATHER, �7arden 

FCI Sheridan; RICHARD KOWALCZYK, 

Head Chaplain FCI Sheridan; DANIEL 

WILLAMS, Chaplain FCI Sheridan, 

Defendants. 

AIKEN, District Judge: 

Case No. 3: 14-cv-01504-CL 

OPINION AND ORDER 

United States Magistrate Judge Mark Clarke issued his Findings and 

Recommendation ("F&R") (doc. 97) in this case on January 30, 2020. In the F&R, 

Judge Clarke recommended that defendants' Motion to Dismiss and/or Motion for 

Summary Judgment (doc. 88) be granted in part and denied in part. The matter is 

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now before the Court pursuant to 28 U.S.C. § 636(b)(l) and Federal Rule of Civil 

Procedure 72(b). 

Plaintiff filed timely objections. Accordingly, the Court must "make a de novo 

determination of those portions of the report or specified proposed findings or 

recommendations to which objection is made." 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 

72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. 

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane). 

Plaintiff objects only to Judge Clarke's recommendation that, because the 

named defendants have either retired from BOP or transferred to other BOP 

facilities, {{plaintiff must amend his complaint to name the proper official-capacity 

defendants - presumably FCI Sheridan officials" for injunctive relief. F&R at 9, 11. 

Plaintiff argues that, under Rule 25(d) of the Federal Rules of Civil Procedure, the 

uproper official-capacity defendants for purposes of [plaintiffs] claims for injunctive 

relief are already automatically substituted as parties with no further need for 

amendment" by plaintiff. Obj. (doc. 99) at 2. 

Rule 25(d) provides 

An action does not abate vvhen a public officer who is a party in an 

official capacity dies, resigns, or otherwise ceases to hold office while the 

action is pending. The officer's successor is automatically substituted as 

a party, Later proceedings should be in the substituted party's name, 

but any misnomer not affecting the parties' substantial rights must be 

disregarded, The court may order substitution at any time, but the 

absence of such an order does not affect the substitution. 

Fed. R. Civ. P. 25(d). Thus, plaintiff need not file an amended complaint to substitute 

the named defendants from the case as official-capacity defendants. However, the 

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Court will wait for the parties to supply the names of the new Regional Director, 

Warden, Supervisory Chaplain and director of Religious Services, and Chaplain in 

charge of overseeing the Asatru faith group by filing a stipulated proposed order of 

substitution before substituting the new official-capacity defendants. 

Having reviewed the F&R and record, the Court find no error in Judge Clarke's 

reasoning. Accordingly, the court ADOPTS Judge Clarke's F&R (doc. 97) with the 

clarification discussed above. 

IT IS SO ORDERED. 

Dated this 1/o+a'ay of March 2020.

Ann Aiken 

United States District Judge 

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