Free Rejection Letter - District Court of Delaware - Delaware

Case 1 :04-cv-00415-SLR Document 60 Filed 11/07/2005 Page 1 of 4
OFHCEOFTHECIERK
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Peter T. Dalluo LOCKBOX I8
CLERK OF couRT 844 KING STREET
U5.COURTHOUSE
WILMINGTON, DELAWARE 19801
(su2)573-6110
November 7, 2005
TO: Eric A. Chambers
SBI #04536-015
FCI Allenwood (Med)
PO Box 2000
White Deer, PA 17887
RE: Return of Documents Dated November 1, 2005; CA O4~415 SLR
Dear Mr. Chambers:
Papers have been received by this office for filing in the
above matter. The requesting motion, brief in support, and the
refiling of the requesting motion are being returned to you per
order dated September 15, 2005 (Docket Item 53). Enclosed is the
mentioned order.
Nothing contained in this letter is intended to express an
opinion as to the merits of any claims which you may be alleging.
Sincerely,
/jp PETER T. DALLEO
CLERK
cc: The Honorable Sue L. Robinson; CA 04-415 SLR
enclosure

Case l:OZ-cv—O0415—SLR Document 60 Filed 11/07/2005 Page20f4
IN THE UNITED STATES DISTRICT COURT \
FOR THE DISTRICT OF DELAWARE
ERIC A. CHAMBERS, )
l
Plaintiff, )
)
V· ) Civ. N0. 04-415-SLR
)
JOHN DOE #1, JOHN DOE #2, )
JOHN DOE #3, JOHN DOE #4, )
JOHN DOE #5, JOHN DOE #6, } ,-»-·-~—···"""""""""_"`T"""'·_-._r
JOHN DOE #7, DONALD J, BOWMAN,) = ;
JR. , CITY OF WILMINGTON ) y,
DELAWARE, DELAWARE S.P.C.A., ) M i
SGT. ELLIOTT, ) .` NOV -3 2005 l
) . I >- I ___,i {
Defendants . ) · L‘
L *
‘ “"""` ‘•
PLAINTIFF'S MOTION REOUESTIN6 THE DENIAL OF DEFENDANTS'
(JOHN DOES, et. al.) MOTION DEMANDING THE DISMISSAL OF PLAINTIFF'S

Plaintiff, Eric A. Chambers, respectfully moves this Honorable
Court, to allow him to refile his Motion To Amend his Complaint, specifically
identifying the names of the John Doe Defendants. The plaintiff asserts that
this Honorable Court, on September 15, 2005, denied his Motion To Amend
without prejudice, to allow him to amend after discovery. However, the
defendants have failed to answer or respond, to his discovery requests
because the plaintiff was denied the chance to specifically name/identify
the John Does', in his Original Complaint, by a Court Order. And as a
.result of such, the defendants are using the plaintiff's failure to
specifically name/identify the John Doe defendants, as the reason to NOT
,‘ answer his dicovery requests.
5 Therefore, the plaintiff requests this Honorable Court to allow him to refile
the Amended Complaint (specifically) naming/identifying each defendant in

\_ Case1:O4-cv—OO415—SLR Document 60 Filedii/07/2005 Page30f4
"`~—A
IN THE UNITED STATES DISTRICT COURT `
FOR THE DISTRICT OF DELAWARE
ERIC A. CHAMBERS, )
Plaintiff, g
V- g Civ. N0. 04-415-SLR
JOHN DOE #1, JOHN DOE #2, g
JOHN DOE #3, JOHN DOE #4, ) r_,“ ___w__TMm“b“"__
JOHN DOE #5, JOHN DOE #6, ) I T
iii? SW3; E‘£E§’?;%§G3sNB°"“`“""‘*§ |
S.P.C.A., g { L NOV ··3;H&;_}
Defendants. i A ` "
` ·. {gg;) Jrari qf
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO DENY DEFENDANTS'
(JOHN DOE et. al.) DEMANDING TO DISMISS PLAINTIFF‘S COMPLAINT AND
PLAINTIFF'S REQUEST TO REFILE AMENDED COMPLAINT
Herein, comes Plaintiff, Eric A. Chambers, requesting
this Honorable Court to compel the defendants (John Doe et. al.) to provide
an Answer to Discovery.
1. The defendants are refusing to respond to discovery by stating
"this paragraph of the complaint is not directed to Answering Defendants. Plaintiff
has not amended the Complaint to specifically identify the John Doe defendants.
Said defendants have not been properly served with the complaint and are not
required to respond to the Complaint at this time." The majority of the
defendants' answers to the complaint, are regarded in such a fashion.
2. However, the plaintiff has infact, filed the required Motion
To Amend the Complaint on July 7, 2005, identifying the John Doe Defendants.
As well as, adding additional parties who‘s identities were established after

V
Q - Case1:O4-cv—OO415—SLR Document 60 Filedii/07/2005 Page40f4
l E
L ”, UNITED STATES DISTRICT COURT
;i DISTRICT OF DELANARE .
l
L ERIC A. CHAMBERS, ’ :
Q Plaintiff : ,
i . :
,Q V f CASE NP- 04-415-$1.:2
J E -Jud9&* Sue L. Roberson -* i
MIKE RODRIGUEZ, RANDY PFAFF, : REQUEST TO AMEND COMPLAINT
SCOTT JONES, THOMAS SPELL, : ‘
JOHN DOE #5, JOHN SAVILLE, : JURY TRIAL DEMANDED ‘
JOHN DOE #?, MATHEN SEVERANCE, ;
DAVID SIMMONS, COFFIEY, :
SILVA, VITALE, SCOTT CHAFFIN, : , L mwwmm&,s.,, -
V RODERT_E. DONAVAN, CRESTO. : i i - T
COLDSTEIN, DONALD J. BONMAN JR.,l : T e-~~—·——~—ee?— —-`· ~ —‘
CITY OF NILMINGTON DELANARE. ¤ I A L _
DELAWARE S.P.C.F\., SGT. ELLIOTT, ; ' NOV ,,3 E Z
Defendants. ; ! g """ I {
·i · Le u i ;
L_..n_
BI) 'grcximncf
PLAINTIFF'S REFILING OF ·
MOTION REQUESTING PERMISSION TO AMEND COMPLAINT
Plaintiff Eric A. Chambers, pursuant to Rules I5(a), 15(c) and 19(a),
Fed.R.Civ.P., requests this Honorable Court permission to file an Amended
Complaint identifying the John Doe defendants and adding additional parties
who's identities have just been established after the filing of the complaint
and receiving Discovery. ‘
I. The plaintiff in his original complaint, named seven (7)
_ John Doe defendants and could not identify any other participants/defendants
due to his failures in obtaining responses to his FOIA requests.
2. Since the filing of the complaint, after receiving Discovery
material, the plaintiff has determined that the names of the John Doe
— ‘defendants are as follows:

Case 1:04-cv-00415-SLR

Document 60

Filed 11/07/2005

Page 1 of 4

Case 1:04-cv-00415-SLR

Document 60

Filed 11/07/2005

Page 2 of 4

Case 1:04-cv-00415-SLR

Document 60

Filed 11/07/2005

Page 3 of 4

Case 1:04-cv-00415-SLR

Document 60

Filed 11/07/2005

Page 4 of 4