Free Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01367-GMS

Document 38

Filed 06/09/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JULIAN A. MILLER, Plaintiff, v. STANLEY TAYLOR, individually and in his official capacity as Commissioner of the Delaware Department of Correction; THOMAS CARROLL, individually and in his official capacity as Warden of the Delaware Correctional Center at Smyrna; DR. ALIE, individually and in her official capacity as Medical Director at DCC Smyrna; RN IHOMA, individually and in her official capacity as Registered Nurse at DCC Smyrna, Defendants. PLAINTIFF JULIAN MILLER'S MOTION FOR DEFAULT JUDGMENT AGAINST DR. SITTA B. GOMBEH-ALIE Plaintiff Julian A. Miller (hereinafter referred to as "Plaintiff Miller") hereby moves for default judgment against Dr. Sitta B. Gombeh-Alie (Defendant GambehAlie)1. Plaintiff Miller filed this civil rights action on October 18, 2004. (D.I. 2). Plaintiff Miller filed an amended complaint on March 7, 2005. (D.I. 13) Defendant Gombeh-Alie was served with the amended complaint and waived service. The executed waiver of service was returned on July, 27, 2005 (D.I. 24). Defendant Gombeh-Alie has not answered or otherwise responded to the complaint. The RETURN OF WAIVER OF SERVICE OF SUMMONS reads:

C.A. No. 04-1367-KAJ

1

Plaintiff Miller named Dr. Alie, individually and in her official capacity as Medical Director at DCC Smyrna, as a defendant in his complaint and amended complaint. Based on current information, Dr. Alie's full name is Dr. Sitta B. Gombeh-Alie, as reflected in the Second Amended Complaint.

Case 1:04-cv-01367-GMS

Document 38

Filed 06/09/2006

Page 2 of 3

I understand that a judgment may be entered against the party on whose behalf I am acting if a response is not served and filed within 60 days after May 4, 2005. Accordingly, the Court should enter a default judgment against Defendant Gombeh-Alie. Dated: June 9, 2006 FISH & RICHARDSON P.C.

By: /s/ Sean P. Hayes Sean P. Hayes (I.D. No. 4413) Fish & Richardson P.C. 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 (302) 652-5070 [email protected] Attorney for Plaintiff Julian A. Miller
80033916.doc

Case 1:04-cv-01367-GMS

Document 38

Filed 06/09/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 9, 2006, I electronically filed with the Clerk of Court PLAINTIFF JULIAN MILLER'S MOTION FOR DEFAULT JUDGMENT AGAINST DR. SITTA B. GOMBEH-ALIE using CM/ECF which will send electronic notification of such filing(s) to the following Delaware counsel, and by Registered Mail, Return Receipt Requested to Dr. Sitta B. Gombeh-Alie at the address below. BY EMAIL AND BY HAND Aaron R. Goldstein (I.D. No. 3735) Department of Justice 820 N. French Street 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendants Stanley Taylor and Thomas Carroll BY REGISTERED MAIL RETURN RECEIPT REQUESTED Dr. Sitta B. Gombeh-Alie 802 Ridge Court Cantwell Ridge Middletown, DE 19709

/s/ Sean P. Hayes Sean P. Hayes