Free Order to Answer - District Court of Delaware - Delaware

Case 1 :04-cv-01202-GIVIS Document 49 Filed 12/06/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHARLES M. ROBINSON, )
)
Plaintiff, )
)
)
v. ) Civil Action No. 04-1202 GMS
)
)
C/O THURMAN STANLEY, )
)
Defendant. )
ORDER
WHEREAS, on August 27, 2004, a complaint was filed in the above—captioned case (D.I. 2);
WHEREAS, on February 10, 2005, a waiver of service was returned executed as to
Correctional Officer Thurman Stanley ("Stanley") (D.I. 16);
WHEREAS, an answer to the complaint by Stanley was due on February 28, 2005;
WHEREAS, on Febrtrary 28, 2005, Stanley, as well as the other defendants, filed a Motion
to Dismiss for Failure to State a Claim (D.I. 18);
WHEREAS, on September 26, 2005, the court issued a Memorandum and Order (D.I. 41)
dismissing the claims against all defendants and closing the case;
WHEREAS, on October 3, 2005, a Notice of Appeal (D.I. 42) was filed by the plaintiff;
WHEREAS, on November 29, 2006, the United States Court ofAppea1s for the Third Circuit
issued an opinion affirming thejudgment ofthis Court insofar as it granted the defendants’ motion
to dismiss the plaintiffs Eighth Amendment claims; and
WHEREAS, the Third Circuit’s opinion vacated the court’s Order, to the extent that it
dismissed the plaintiffs retaliation claim against Stanley, and remanded this case for further

Case 1:04-cv—01202-Gl\/IS Document 49 Filed 12/06/2006 Page 2 of 2
proceedings (D.I. 46);
IT IS HEREBY ORDERED that:
I. The defendant, Stanley be given thirty (30) days from the date of this Order to answer the
complaint.
Dated: December L 2006 ] : {fn
L IT D STATES DIS RICT JUDGE
F l L E D
DESTRICT UF DELAWARE
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