Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :07-cv-00514-SLR Document 3 Filed 08/22/2007 Page 1 of 1
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAW· ’ qi-1 _%___A___ M {
DAVID R. RUSH, ) y Q iffm ·
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CORRECTIONAL MEDICAL SERVICES, Inc, et al, ) _’ {
Defendants. I-·-I A ·~~--—1 r ..,_,____ Drs

MOTION FOR LEAVE TO DOCKET AND PROCESS COMPLAINT THAT NAMES A JOHN DOE `it . . » ·" ‘ : .· » .
Plaintiff; Rush, pro se, hereby respectfully requests, pursumit to the appropriate Local Rule ofthe United States
District Court for the District of Delaware and Fed. R. Civ. P., and does respectfully request leave from the Court to docket
and process Rush’s complaint, which includes one John Doe, M.D. defendant. Rush seeks permission to Amend the John
Doe defendant and complete any unknow·n!incon1;>lete address information for any remaining unserved defendants once Rush
obtains discovery form defendant Correctional Medical Services (CMS). (Enclosed is Rush’s initial discovery, which
_ will act to obtain any unknomi/htconiplete defendant information).
Rush is pro se and seeks pleading leniency pursuant to Haines v. Kerner, 404 U.S. 519 (1972). Rush offers the
following in support:
1. Rush Eles the instant motion for leave to docket and process His complaint and give notice ofthe need to t-
subsequently amend the complaint when Rush receives initial discovery (e. g. correct name for John Doe
defendant and correct address information for any unsewed defendants).
2. Rush names CMS as the primary corporate defendmt; and CMS’s present and past employee defendants
do not wear name tags and are reluctant to disclose their names when asked to.
3. Thus, Rush will request discovery &om CMS once service has been realized to obtain any
unknown information in a timely fashion.
4. Absent leave hom the Court to permit Rush to tile and process I-lis complaint and serve CMS and the
known defendants and also obtain initial discovery to identify unknown defendants, Rush will experience
prejudice. (eg. statute of limitations may run on some ofthe claims). .
WHEREFORE, Rush prays that the Court dockets Plaintiffs complaint and permit Him to tile initial discovery so that Rush I
may amend the complaint to identify the John Doe defendant, and any other unknown defendant information.
QM;/; asl; 8%*0%
David Rush, SBI # 173418 Date
DCC, W-1, D-I6
1181 Paddock Rd.
Smyrna, DE

Case 1:07-cv-00514-SLR

Document 3

Filed 08/22/2007

Page 1 of 1