Free Order (PLRA) Service Order (no 285's) - District Court of Delaware - Delaware

Case 1:07-cv-00125-JJF Document 13 Filed 07/27/2007 Page 1 013
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, ;
v. 3 Civ. Action No. 07-125-JJF
DAVID PRADO, SHAWN MARGYNIAK, E
and MICHAEL SZCZERBA, :
Defendants. E
SUPPLEMENTAL SERVICE ORDER
WHEREAS, Plaintiff Raymond E. Blake filed this civil rights
action pursuant to 42 U.S.C. S 1983 (D.I. 2, 7);
WHEREAS, on May l, 2007, the Court entered an Order
dismissing certain claims contained in the original Complaint and
dismissing as Defendants Ruth Ann Minner, Carl C. Danberg, and
James M. Baker and allowing Plaintiff to proceed with certain
claims against Defendants David Prado, Shawn Margyniak, and
Michael Szczerba (D.I. 8, 9);
WHEREAS, on May 30, 2007, Plaintiff filed an Amended Civil
Rights Complaint (D.I. I0), and “[a] party may amend the party’s
pleading once as a matter of course at any time before a
responsive pleading is served", Fed. R. Civ. P. 15(a);
WHEREAS, at the time Amended Complaint was filed, the
remaining Defendants had not yet been served;
WHEREAS, Plaintiff re—adds as Defendants Ruth Ann Minner,
Carl C. Danberg, and James M. Baker even though they were
previously dismissed by the Court; and

Case 1:07-cv-00125-JJF Document 13 Filed 07/27/2007 Page 2 of 3
WHEREAS, the allegations in the Amended Complaint against
Defendants Ruth Ann Minner, Carl C. Danberg, and James M. Baker,
once again fail to state claim upon which relief may be granted;
THEREFORE, at Wilmington this E%3_ day of July, 2007, IT IS
ORDERED that;
1. Defendants Ruth Ann Minner, Carl C. Danberg, and James
M. Baker SHALL NOT be re—added as Defendants in this case.
2. This Order shall supplement the Court’s May 1, 2007
Service Order. (D.I. 9.)
3. Plaintiff shall provide the Court with copies of the
Amended Civil Rights Complaint (D.I. 10) for service upon
remaining Defendants, the chief executive officer for the City of
Wilmington, Delaware and the Delaware Attorney General.
Plaintiff is notified that the United States Marshal will not
serve the Complaint and Amended Complaints until all copies have
been received by the Clerk of the Court. Failure to provide the
copies within 45 days from the date of this Order may result in
dismissal of the case.
4. Upon receipt of the form(s) required by paragraph 3
above, the United States Marshal shall forthwith serve a copy of
the Complaint (D.I. 2), Amended Complaints (D.I. 7, 10), the May
1, 2007 memorandum opinion and Order (D.I. 8, 9), this Order, a
"Notice of Lawsuit" form, the filing fee order(s), and a "Return
of Waiver" form upon each of the Defendants so identified in each
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Case 1:07-cv-00125-JJF Document 13 Filed 07/27/2007 Page 3 of 3
285 form.
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