Free Motion to Dismiss/Insufficency of Process - District Court of Delaware - Delaware

Case 1 :07-cv-00261-JJF Document 42 Filed O2/08/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICI-LAEL KEVIN HOFFMAN, :
Plaintiff,
v. C.A. No. 07-261 JJF
WARDEN ROBERT GEORGE,
CORRECTIONAL MEDICAL :
SERVICES, :
Defendants.
MOTION FOR ENTRY OF ORDER OF DISMISSAL
Defendant Correctional Medical Services, Inc. ("CMS”) hereby moves for entry
of an order in the form attached hereto dismissing the Plaintiff s claims against it for
failure timely to serve process. In suppoit of this Motion, CMS states as follows:
I. On May 15, 2007, Plaintiff filed his Complaint alleging civil rights violations
against CMS and other medical providers and prison officials. (D.I. 2).
2. On July 3, 2007, Plaintiffs Amended Complaint was deemed filed. (D.I. 19)
3. On J anuaiy 15, 2008, CMS moved to dismiss the claims against for insufficiency
of service of process. (D.I. 39)
4. On January 16, 2008, the Court entered a briefing schedule ordering Plaintiff to
tile an Answering Brief no later than February 4, 2008. As of the date of this Motion, no
Answering Brief has been filed.
WHEREFORE, for the foregoing reasons, Defendant CMS respectfully requests the
Court enter the form of Order attached to D.I. 39 dismissing the above-captioned action.

Case 1:O7—cv-00261-JJF Document 42 Filed O2/08/2008 Page 2 of 2
BALICK & BALICK, LLC
/s/ James E. Drnec
James E. Drnec, Esquire (#3789)
711 King Street
Wilmington, Delaware 19801
302.658.4265
Attorneys for Defendant
Correctional Medical Services, Inc.
Dated: February 8, 2008