Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv—00209-SLB Document 38 Filed 03/14/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM F. DAVIS, III, )
Plaintiff, [
v. g Civ. No. 04-209-SLR
FIRST CORRECTIONAL MEDICAL, g
Defendant. )
O R D E R
At Wilmington this !4*~day of March, 2006, having
reviewed plaintiff’s motion for injunctive relief and to amend;
IT IS ORDERED that said motion (D.I. 23) is granted in
part and denied in part for the reasons that follow:
l. By his motion, plaintiff seeks entry of an
injunction against Warden Williams and his staff for “possible
retaliation and harassment for [plaintiff having filed] two
lawsuits against them" and “asking the [court] to transfer
plaintiff to S.C.I.G., (State Correctional Institution at
Georgetown} so that [he] can complete doing his time in peace.”
(D.I. 23) Because plaintiff failed to provide the necessary U.S.
Marshal forms to serve Warden Williams in accordance with an
earlier order, the court dismissed Williams from the case on
August 23, 2005. (D.I. 27)
2. In his motion to amend, plaintiff seeks to add as
defendants Dr. Robinson and Nurse Betty to the claims asserted

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against defendant First Correctional Medical (“FCM").l (D.I.
23)
3. While leave to amend should be “freely given,” a
court may deny a motion to amend if it is clear from the record
that; (1) the movant has demonstrated undue delay, bad faith or
dilatory motives; (2) amendment would be futile; and (3)
amendment could prejudice the other party. Hill v. City of
Scranton, 411 F.3d 118, 134 (3d Cir, 2005).
4. Considering plaintiff's motion against the factors
outlined above, the court finds amendment is warranted.2
5. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
plaintiff shall submit to the court within thirty (30) days an
original United States Marshal—285 form for each of the newly
added defendants, Dr. Robinson and Nurse Betty. Failure to
submit the forms may provide grounds for dismissal of these
defendants from this action pursuant to Fed. R. Civ. P. 4(m).
6. Upon receipt of the completed United States
Marshal-285 forms, the United States Marshal shall serve a copy
of the signed complaint, all subsequent documents (D.1. 2a37) and
this order upon defendants as directed by plaintiff. All costs
1Defendant FCM moved to dismiss on November 1, 2005 and
March 3, 2006. (D.1. 30, 37)
2Defendant FCM’s motions to dismiss are based, in part, on
plaintiff’s failure to identify the particular parties involved
in the allegedly wrongful conduct. Plaintiff’s amended complaint
addresses this issue.
2

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of service shall be advanced by the United States.
7. Defendant’s motions to dismiss (D.l. 30, 37) are
denied without prejudice to renew after the newly added
defendants have entered an appearance or otherwise answered the
complaint.
United Statgs District Judge
3

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