Free Order on Motion for Entry of Default - District Court of Delaware - Delaware

Case 1 :04-cv-01422-Gl\/IS Document 25 Filed 06/06/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEROME K. HAMILTON, a.k.a. )
CHEHQH AHMED ELOHIM, )
)
Plaintiff, )
)
v. ) Civil Action No. 04-1422 GMS
)
CATHY L. GUESSFORD, REBECCA )
MCBRIDE, ROBERT F. SNYDER, )
THOMAS L. CARROLL, and STANLEY ) F I L E D
W. TAYLOR, Jr. )
Defendants. ) °` '
u.s. DISTRICT COURT
DISTRICT OF DELAWARE
ORDER
WHEREAS, on November 5, 2004, Jerome K. Hamilton ("Hamilton") filed thispro se civil
rights action pursuant to 42 U.S.C. § 1983;
WHEREAS, on December 30, 2004, Waivers of Service (D.I. 14, 16, 17) were retumed
executed as to Cathy L. Guessford ("Guessford"), Thomas L. Carroll ("Carroll"), and Stanley W.
Taylor ("Taylor") (collectively, the "defendants");
WHEREAS, pursuant to Federal Rule ofCivil Procedure 4(d)(3), and based on the December
30, 2004 return date, the defendants’ answer to the complaint was due February 28, 2005;
WHEREAS, the defendants did not tile an answer by February 28, 2005;
WHEREAS, on March 1, 2005, Hamilton filed a Request for Entry of Default (D.I. 19);
WHEREAS, Jane Brady ("Brady"), the Attorney General for the State of Delaware, was not
served until January 26, 2005 and, therefore, pursuant to Del. Code Ann. tit. 10, § 3103(c), service

Case 1:04-cv-01422-Gl\/IS Document 25 Filed 06/06/2005 Page 2 of 2
upon the defendants was not complete until that date;' and
WHEREAS, the defendants answer to the complaint was filed on March 15, 2005, within
sixty days after sewice on Brady;2
IT IS HEREBY ORDERED that:
1. The plaintiff s Request for Entry of Default (D.I. 19, 20) is DENIED.
Dated: June _ , 2005 _ r ‘ -I .3 ·‘‘` · ‘·==
TA V s DISTRICT UDGE
' Del. Code Ann. tit. 10, § 3l03(c) states:
[n]o service of summons upon the State, or upon any administrative office, agency,
department, board or commission ofthe state government, or upon any officer ofthe
state government concerning any matter arising in connection with the exercise of his
or her official powers or duties, shall be complete until such service is made upon the
person of the Attomey General or upon the person of the State Solicitor or upon the
person of the Chief Deputy Attorney General.
2 Pursuant to Federal Rule of Civil Procedure 4(d)(3), and based on the January 26, 2005
service date, the defendants answer was due on March 28, 2005.