Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00209-SLR

Document 26

Filed 08/03/2005

Page 1 of 2

M. JANE BRADY ATTORNEY GENERAL NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 577-8500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 PLEASE REPLY TO:
[Civil Division ­ New Castle County]

STATE OF DELAWARE
DEPARTMENT OF JUSTICE
KENT COUNTY 102 West Water Street Dover, DE 19901 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545 SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5352 Fax: (302) 856-5369 TTY: (302) 856-2500

August 3, 2005 The Honorable Sue L. Robinson United States District Court J. Caleb Boggs Federal Building 844 N. King Street Room 6124 Lock Box 31 Wilmington, DE 19801 Re: William F. Davis v. First Correctional Medical, et al; C.A. No. 04-209-SLR

Dear Judge Robinson: Please accept this letter in response to the Court's August 2, 2005 Order which sets a briefing schedule on Plaintiff's Motion for Injunctive Relief. (D.I. # 25). Pursuant to Your Honor's Memorandum Opinion dated April 25, 2005, the State of Delaware Department of Correction was dismissed from this action. (D.I. # 19). A review of the docket in this matter reflects that the Plaintiff has failed to take any action to serve any of the newly-added State Defendants within the timeframe set by the Court's June 3, 2005 Order.1 (D.I. # 21).

1

The June 3, 2005 Order specifically required the Plaintiff to submit U.S. Marshall 285 Forms for the newly-added Defendants to the Court within 30 days of the order. The Order specifies that Plaintiff's failure to submit said forms might result in the dismissal of the newly-added Defendants. Plaintiff has failed to take any action to submit said forms or serve the newly added Defendants at a time more than 60 days following the June 3, 2005 Order.

Case 1:04-cv-00209-SLR

Document 26

Filed 08/03/2005

Page 2 of 2

The Hon. Sue L. Robinson August 3, 2005 Page 2 Accordingly, for the purposes of making a record in this matter, Stan Taylor and Raphael Williams have not been served and are not present in this action. For that reason, I do not have the ability to enter a general appearance on behalf of Mr. Taylor or Mr. Williams. Respectfully Submitted, /S/ Aaron R. Goldstein Aaron R. Goldstein Deputy Attorney General CC: Daniel L. McKenty, Esquire (via CM/ECF) William F. Davis, III (via U.S. Mail) Clerk of Court (via CM/ECF)