Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00694—GI\/IS Document 161 Filed 08/18/2008 Page 1 of 3
Amir Fatir # l370l0
l 181 Paddock Road
Smyrna, DE 19977
August 4, 2008
E . QE c1 1 171
The Honorable Gregory M. Sleet
Chief Judge , 5 je tl 21.2012
U.S. District Court 1
844 King Street ’ ee·.t r e ·—’·e*» 1 i’“_“ r of_j W11m1¤st<>¤» DE 198111 y _ A
RE: Boyer, et al. v. Taylor, et al., C.A. N0. 06-694-GMS
Dear Chief Judge Sleet:
On June 30, 2008 I wrote the Clerk of the Court regarding the inability of the
Marshal to serve USM-285 forms on former Department of Correction employees.
In that letter I asked the Clerk to "Please direct the United States Marshal to
obtain their addresses hom the Department of Correction and to serve them at those
addresses."
I did not ask the Clerk to provide me with those addresses. My request was that
the Marshallbe directed to obtain them and then serve the defendants.
As long as those people are properly served, I would prefer not to ever have their
addresses.
Perhaps my request was, previously, less than clear.
The court seems to have placed plaintiffs into a Catch-22 situation. The court
stated that "it is the plaintiffs’ responsibility to obtain the addresses for the remaining
unserved defendants" while, simultaneously, stating that plaintiffs, due to our
incarceration, are precluded from the disclosure of persormel records because of 29 Del.
C. §§Sec. l0002(g)(l), (g)(l3).l
How, then, are plaintiffs to serve defendants if the Court will not order the records
provided to the marshal for service and will not permit plaintiffs to view those records?
I Although plaintiiis do not desire to have the unserved defenda11ts’ addresses, plaintiffs object to the
court’s apparent presumption that 29 Del. C. §§Sec. l0002(g)(l), (g)(l3) — or any state statutes — can
properly limit plaintiffs’ discovery in a federal court case. This court is not boimd by statutes enacted by
the Delaware legislature.

Case 1 :06-cv-00694—GI\/IS Document 161 Filed 08/18/2008 Page 2 of 3
Plaintiffs request that the court schedule a status conference to work out the
problem of service or, in the alternative, to order service upon those individuals who
currently occupy the positions previously held by Defendants Taylor, Oney, Howard and
Vargas.
Sincerely,
Amir atir
cc: Erika Y. Tross

Case 1:06-cv-00694—Gl\/IS Document 161 Filed 08/18/2008 Page 3 of 3
Certificate of Service
I, Amir Fatir, hereby certify that I have served a true and correct copy(ies)
of the attached 2 Letters to Judge Sleet upon the following parties/persons:
To: Erika Y. Tross, Esq. To:
Dept. of Justice
820 N. French St.
Wilmington, DE 19801
To: To:
To: To:
BY PLACING IN A SEALED ENVELOPE, and depositing same in the United States Mail
at the James T. Vaughn Correctional Center, Smyrna, DE 19977.
On this 4111 day of August, 2008 i _
U$.»·#"“"/lr
Amir Fatir
SBI # 137010