Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00239-JJF Document 35 Filed 11/27/2007 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD E. CLARK, JR., :
Plaintiff, Z
v. E Civ. Action No. 07—239—JJF
WARDEN RAPHAEL WILLIAMS, ; _
LT. SHEETS, JIM WELCH, :
DR. MCDONALD, and DR. PETER :
EINION, :
Defendants. i
.Q13.D.E3!’i~
WHEREAS, on November 14, 2007, the Court received a letter
from Plaintiff requesting substitution of defendant Dr. Peter
Binion for Dr. McDonald, and which the Court construes as a
, Motion To Voluntarily Dismiss Dr. McDonald pursuant to Fed. R.
f Civ. P. 4l(a) (D.I. 34);
j WHEREAS, Plaintiff also requested service of the Complaint
3 _ (D . I . 34) ;
N WHEREAS, Dr Binion was added as a Defendant in Plaintiff's
) Second Amended Complaint (D.I. 11);
U WHEREAS, it appears that Plaintiff has submitted all USM—2B5
. as required for service;
I THEREFORE, at Wilmington this£%£L_ day of November, 2007, IT
. IS ORDERED that:
J I. The Motion To Voluntarily Dismiss Dr. McDonald (D.I. 34)
l is GRANTED and he is DISMISSED WITHOUT PREJUDICE as a Defendant

Case 1:07-cv-00239-JJF Document 35 Filed 11/27/2007 Page 2 of 2 ‘
pursuant to Fed. R. Civ. P. 4l(a).
2. The Clerk of the Court is directed to submit the
appropriate documents to the U.S. Marshal for service.
UN D S AT DISTRICT I E
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