Free Order - District Court of Delaware - Delaware

Case 1:06-cv-OO263—Gl\/IS—l\/IPT Document 9 Filed 01/12/2007 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT
Fora THE orsrrzrcr or DELAWARE l 000 l 2 2007 .
JACK E. Sl\/IINKEY, g g
Erarmrrr, ) E
v. g Civil Action No. 06-263-***
STATE OF DELAWARE DEPARTMENT g . I l
OF CORRECTIONS, etal., ) Q
Defendants. g E
ORDER
On October 3, 2006, this court ordered plaintiff to show cause why the majority of
defendants should not be dismissed for failure to effect service. (D.l. 4.) Plaintiff filed
his response and defendant Ronald Sauls, the only defendant to be served, replied that
cause had not been shown and asked that the case be dismissed. Plaintiff proceeds l
pro se, and although he has been engaged in prior litigation, the court accepts his
explanation of his attempt at service.
Accordingly, the court finds that plaintiff has shown cause why defendants State
of Delaware Department of Correction, Commissioner Stanley Taylor, Alan Nlachtinger,
Kathleen lvlickle-Askin, Administrator Louise Layton, Supervisor Alison Stevens,
Primary Instructor Donna Watson, Primary Instructor Annette Franze, Assistant
Instructor Nichole Shuler, and Governor Ruth Ann Nlinner should not be dismissed as
defendants for failure to serve process within the time provided pursuant to Fed. R. Civ.
P. 4(m). (D.l. 5.)
THEREFORE, atWilmingtonthis _{_?:day of 2007, IT IS
ORDERED that within 30 days from the date of this order, plaintiff shall effect service

Case 1:06-cv-OO263—Gl\/|S—l\/IPT Document 9 Filed O1/12/2007 Page 2 of 2
upon defendants State of Delaware Department of Correction, Commissioner Stanley
Taylor, Alan Machtinger, Kathleen l\/lickle-Askin, Administrator Louise Layton,
Supervisor Alison Stevens, Primary Instructor Donna Watson, Primary Instructor ‘ I
Annette Franze, Assistant Instructor Nichole Shuler, and Governor Ruth Ann Nlinner, as E
required by Fed. R. Civ. P. 4. :
Plaintiff is placed on notice that failure to effect service within 30 days may result Q
in the dismissal ofthe aforementioned defendants. `
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— Avy `
onor ble LV any Pat T @{4 " l
. .S. agistrate Judge
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