Free Order Dismissing Case (1915) - District Court of Delaware - Delaware

Case 1:06-cv-00632-JJF Document 15 Filed O2/20/2007 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN SMITH, :
Plaintiff, E
v. ; Civil Action No. 06-632-JJF
CITY OF WILMINGTON, UNNAMED ;
WILMINGTON POLICE DETECTIVES, :
UNITED STATES, UNNAMED AUSA ;
FOR THE DISTRICT OF DELAWARE, :
DISTRICT COURT OF DELAWARE, :
UNNAMED ATFE AGENT, and :
U.S. MARSHAL FOR THE DISTRICT :
OF DELAWARE, :
Defendants. E
QDAE
NOW THEREFORE, at Wilmington this jiég day of February,
2007, IT IS HEREBY ORDERED that:
1. The Motion To Amend Civil Complaint (D.I. 6) is
construed as an Amended Complaint.
2. The Complaint and Amended Complaint are DISMISSED
WITHOUT PREJUDICE as frivolous pursuant to 28 U.S.C. §
1915(e)(2)(B) and § 1915A(b)(1). Amendment of the Complaint
would be futile. See Grayson v. Mayyiew State Hosp., 293 F.3d
103, 111 (3d Cir. 2002); Borelli v. City of Reading, 532 F.2d
950, 951-52 (3d. Cir. 1976).
3. Plaintiff is not required to pay any previously
assessed fees or the $350.00 filing fee. The Clerk of the Court
is directed to send a copy of this Order to the appropriate

Case 1:06-cv-00632-JJF Document 15 Filed O2/20/2007 Page 2 of 2
prison business office.
UNIJ ED ** ATE DISTRICT
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