Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:07-cv-00125-JJF Document 17 Filed 10/05/2007 Page 1 012 C
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, C 3
v. ; Civ. Action No. 07-125-JJF
DAVID PRADO, SHAWN MARGYNIAK, ;
and MICHAEL SZCZERBA, :
Defendants. Z
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WHEREAS, Plaintiff filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, on May I, 2007, the Court entered an Order
requiring Plaintiff to complete and return USM-285 forms for
Defendants Shawn Margyniak, Michael J. Szcserba, David Prado, the
Chief Executive Officer for the City of Wilmington, Delaware, and
the Attorney General of Delaware, and informed Plaintiff that the
United States Marshal would not serve the Complaint until all
USM—285 forms were received by the Clerk of the Court, and that
failure to provide the USM—285 forms within one hundred twenty
(l20} days from the date of the Order may result in the Complaint
being dismissed or Defendants being dismissed pursuant to Fed. R.
Civ. P. 4(m) (D.l. 9);
WHEREAS, on May 30, 2007, Plaintiff filed an Amended
Complaint, and on July 27, 2007, the Court entered a Supplemental
Service Order requiring Plaintiff to submit, within forty—five ]

Case 1:07-cv-00125-JJF Document 17 Filed 10/05/2007 Page 2 of 2
(45) days from the date of the Order, copies of the Amended
Complaint for service upon Defendants (D.I. I3);
WHEREAS, the time has passed to submit the documents, and to
date, neither the required USM—285 forms nor copies of the `
Amended Complaint have been received from Plaintiff;
THEREFORE, at Wilmington this Aii; day of October, 2007, IT
IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED WITHOUT
PREJUDICE pursuant to Fed. R. Civ. P. 4(m). Plaintiff is not
required to pay any previously assessed fees or the remaining
balance of the $350.00 filing fee. The Clerk of the Court is
directed to send a copy of this Order to the appropriate prison
business office.
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TED .TÂ¥T?S DISTRI;! JUDGE
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