Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07-cv-00230-JJF Document 28 Filed 05/16/2008 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, E
v. E Civ. Action No. 07-230-JJF
MANONCHEK C. YOUNG, MICHAEL i
LITTLE, ANGELO JOHNSON, :
RAPHAEL WILLIAMS, THOMAS :
CARROLL, C.M.S., JANICE HENRY,:
STACEY HOLLIS, NATASHA L. :
HOLLINGSWORTH, and RONALD :
HOLSTERMAN, :
Defendants. ;
MEMORANDUM ORDER
Plaintiff Raymond E. Blake (“Plaintiff”), an inmate at the
Sussex Correctional Institution (“SCI”), Georgetown, Delaware,
filed this civil rights action pursuant to 42 U.S.C. § 1983. He
appears pro sg and was granted in forma pauperis status pursuant
to 28 U.S.C. § 1915. (D.I. 8.)
On August 1, 2007, Plaintiff’s original Complaint was
dismissed as frivolous and for failure to state a claim upon
which relief may be granted and the case was closed. (D.I. 13.)
On August 6, 2007, Plaintiff filed an Amended Complaint, adding
new Defendants and claims. (D.I. 15.) The Court screened the
Amended Complaint and allowed Plaintiff to proceed with certain
claims against some Defendants. (D.I. 18.)
On January 18, 2008, Plaintiff filed another Amended
Complaint (hereafter (“First Amended Complaint"). (D.I. 24.)

Case 1:07-cv-00230-JJF Document 28 Filed 05/16/2008 Page 2 of 3
The First Amended Complaint (D.I. 24) is not identical to the
Amended Complaint (D.I. 15.) Nonetheless, it is sufficiently
similar that it was stricken as basically duplicative of the
Amended Complaint. (D.I. 24.) Accordingly, the case proceeds on
the Amended Complaint filed on August 6, 2007 and found at Docket
Item 15.
Plaintiff was ordered on April 16, 2008 to provide the Court
with copies of the Amended Complaint found at D.I. 15 in order to
effect service. (D.I. 26.) In the same Order, the Court noted
that it had received the required USM—285 forms for Defendants.
Plaintiff advises the Court that if it received the USM-285
forms, it must have received copies of the Amended Complaint, and
he provides a copy of his prison trust account statement showing
that he was charged for photocopying on February 27, 2008. (D.I.
27.)
The Court has reviewed each case filed by Plaintiff. None
of them contain copies of the Amended Complaint filed on August
6, 2007 and found at Docket Item 15. Indeed, none of the files
reflect receipt of a mailing by Plaintiff on or about February
27, 2008. The Court did receive multiple copies of the First
Amended Complaint filed on January 18, 2008, found at Docket Item
24, at the same time it received the required USM—285 forms. As
noted, the First Amended Complaint was stricken. It is not
identical to the Amended Complaint found at Docket Item 15.
NOW THEREFORE, IT IS HEREBY ORDERED that:
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Case 1:07-cv-00230-JJF Document 28 Filed 05/16/2008 Page 3 of 3
1. Service will proceed as outlined in the Court’s October
19, 2007 Order.
2. Plaintiff shall provide the Court with copies of the
Amended Complaint (D.I. 15) for service upon the remaining
Defendants and the Attorney General.
3. The Clerk of the Court is directed to provide Plaintiff
with a photocopy of the Amended Complaint found at Docket Item
15.
4. Plaintiff shall provide copies of the Amended Complaint,
Docket Item 15 within thirty days from the date of this Order.
Failure to timely provide copies of the Amended Complaint
may result in dismissal of the case _
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