Free Order to Show Cause - District Court of Delaware - Delaware

Case 1:04-cv-01367-GMS Document 78 Filed O4/O9/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT ,
FOR THE DISTRICT OF DELAWARE I
JULIAN A. MILLER, ) T
. Plaintiff, ‘ g
v. g Civil Action No. 04-1367-***
COMM. STANLEY TAYLOR, etal., g
Defendants. g I
paper; ,
WHEREAS, on October 13, 2005, the court entered an order granting plaintiff
appointed counsel and referred the matter to the Federal Civil Panel (D.l. 27);
WHEREAS, on December 14, 2006, the court entered an order allowing l
plaintiffs attorney appointed from the Federal Civil Panel to withdraw from the case
(D.I. 68); E
. WHEREAS, on December 15, 2006, the court entered an order referring the
case to U.S. Magistrate Judge Thynge for all pretrial proceedings and served a copy of
the order at plaintiffs last known address (D.l. 69); l
WHEREAS, on January 18, 2007, the December 15, 2006 order was returned as
undeliverable, “return to sender" attempted not known" (D.l. 70); F
WHEREAS, on March 5, 2007 and March 9, 2007, the clerk of the court sent
letters to plaintiff at his last known address and asked him to provide his current
address (D.l. 71, 73); 4
WHEREAS, on March 22, 2007, the March 5, 2007 letter was also returned (D.l.
72);

Case 1:04-cv-01367-Gl\/IS Document 78 Filed 04/09/2007 Page 2 of 2
WHEREAS, on March 26, 2007, the letters (D.I. 71, 73) were resent to plaintiff at
three addresses: one at the Delaware Correctional Center, one provided by plaintiffs
former attorney, and one provided by prison officials; . T
F WHEREAS, the mailed three letters were returned as undeliverable in late March
and early April (D.I. 74, 75, 76, 77); E
WHEREAS, it has been more than three months since plaintiff took any action in l
this case; ` _
THEREFORE, at Wilmington this L day of April, 2007, IT iS HEREBY
ORDERED that:
1. The referral for representation of plaintiff by a member of the Federal Civil
Panel is suspended.
2. On or before May 3, 2007, Plaintiff shall show cause why this case should not
be dismissed for failure to prosecute, pursuant to D. Del. LR 41.1.
U.S. agistrate Judge l
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