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

Case 1 :04-cv-01328-GIVIS Document 66 Filed 06/19/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES HALL, )
Plaintiff, )
v. ) Civ. Action No. 04-1328-GMS
DAVID HOLMAN, et al., )
Defendants. )
ORDER
At Wilmington this ay of , 2007;
When the plaintiff, James Hall ("Hall"), filed this lawsuit, he was a prisoner incarcerated
within the Delaware Department of Correction. (D.I. 2) Hall proceeds pro se and was granted
leave to proceed informa pauperis. (D.I. 6.) On July 31, 2006, the court received
correspondence from Hall indicating he had been released from prison. (D.I. 42.) As of January
5, 2007, Hall continued to participate in the case. (See D.I. 50.)
Hall’s deposition was scheduled to take place on April I7, 2007, but he failed to appear
and did not notify the defendants that he would not appear. (D.I. 60.) He also had failed to
respond to discovery propounded upon him in February 2007. Id. Because the defendants were
unable to communicate with Hall, and the discovery deadline was looming, the defendants
moved for an extension of time to complete discovery. (D.I. 61.)
In an effort to move the case along, on Mayl 0, 2007, the court ordered that a discovery
conference take place on May 25, 2007, at I:00 p.m. (D.I. 62.) In the Order, Hall was wamed
that failure to appear at the discovery conference might result in the case being dismissed for
failure to prosecute. (D.I. 62.) The Order was sent to two different addresses for Hall; one listed

Case 1:04-cv—01328-Gl\/IS Document 66 Filed 06/19/2007 Page 2 of 2
on the docket sheet and another provided by the defendants. The Order was mailed and it was
not returned as undeliverable.
Because Hall had been released from prison, on May l 1, 2007, the court entered another
Order for Hall to either pay the balance of the filing fee owed or submit a new application to
proceed informa pauperis within thirty days of the date of the Order or face dismissal. (D.I. 63.)
The court mailed the Order to due two addresses and, again, the Order was not returned as
undeliverable.
Hall did not appear on May 25, 2007, for the scheduled discovery conference. Nor did he
contact the court that he would not appear. Counsel for the defendants appeared ready to proceed
with the discovery conference. Finally, Hall had not paid the balance ofthe filing fee owed nor
has he submitted a new application to proceed inliarma pauperis.
THEREFORE, at Wilmington this day of 3 , 2007, IT IS
HEREBY ORDERED that on or before $200 Q, Hall shall show cause why this
case should not be dismissed for want of prosecution. See Poulis v. State Farm Fire & Cas. C0.,
747 F.2d 863, 868 (3d Cir. 1984). The defendants shall file a reply to Hall’s response within
fourteen (I4) days following receipt of Hall’s response. g 3

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