Stephen Ward v. Cary Edgeton

POSNER, Chief Judge.

We have before us a sequel, as it were, to Anderson v. Romero, 42 F.3d 1121 (7th Cir.1994), another case in which a prisoner died while the appeal was pending and the state asked us to dismiss his suit for failure to prosecute. Rule 43(a) of the Federal Rules of Appellate Procedure provides that when a party dies pending appeal his personal representative may be substituted for him and if he has no personal representative “any party may suggest the death on the record and proceedings shall then be had as the court of appeals may direct.” Anderson had counsel who wanted us…