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

Case 1:05-cv—00624-SLR Document 39 Filed 07/26/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY T. COLLINS, )
Plaintiff, 5
v. g Civil Action No. 05-624-SLR
LINDA HUNTER, WARDEN RAPHAEL g
WILLIAMS, CORRECTIONAL )
MEDICAL SYSTEMS, and )
DR. oERos1ER, )
Defendants. {
ORDER
WHEREAS, plaintiff, Harry T. Collins, a prisoner
incarcerated at the Howard R. Young Correctional Institution
(“HRYCI”), filed his original complaint pursuant to 42 U.S.C. §
1983, on August 24, 2005 (D.I. 2);
WHEREAS, on January 6, 2006, the court issued a service
order requiring the United States Marshal to serve the complaint
upon receipt of USM—285 forms for defendants Linda Hunter
(“Hunter”), Warden Raphael Williams, and Correctional Medical
Systems (“CMS”) (D.I. l3);
WHEREAS, the USM—285 form for CMS was returned unexecuted
due to insufficient information, and the USM—285 form for Hunter
was returned unexecuted as she is no longer at HRYCI (D.I. 15,
16);
WHEREAS, a new USM—285 form for CMS was received and
forwarded to the United States Marshal for service on March 7,
2006, but to date CMS has not been served;

Case 1:05-cv—00624-SLR Document 39 Filed 07/26/2006 Page 2 of 3
WHEREAS, on March 13, 2006, the court issued an order
granting plaintiff’s motion to amend the complaint and giving
plaintiff thirty days from the date of the order to file an
amended complaint (D.I. 22);
WHEREAS, the amended complaint was filed on April 7, 2006,
and a service order was entered on June 7, 2006, requiring the
United States Marshal to serve the amended complaint upon receipt
of USM-285 forms for defendant Dr. Derosier and the attorney
general for the State of Delaware (D.I. 26, 34);
WHEREAS, Dr. Derosier has yet to be served and, on July 10,
2006, plaintiff filed a new "motion for leave to file an amended
complaint" which contains additional allegations against Dr.
Derosier (D.I. 37);
THEREFORE, at Wilmington this QQQL day of July, 2006, IT IS
ORDERED that:
1. Plaintiff’s "Motion for Leave to File an Amended
Complaint" (D.I. 37) is GRANTED and the amended complaint against
Dr. Derosier is filed instanter.
2. The clerk of the court shall cause a copy of this order
to be mailed to plaintiff.
3. This order shall supplement the court’s service order
(D.I. 34) dated June 7, 2006.
4. The United States Marshal shall forthwith serve a copy
of the complaint (D.I. 2), the three amended complaints (D.I. 6,
2

Case 1:05-cv-00624-SLR Document 39 Filed 07/26/2006 Page 3 of 3
26, 37), the June 7, 2006, Order (D.I. 34), this Order, a "Notice
0f Lawsuit" fcrm, the filing fee 0tder(s), and a "Return 0f
Waiver" fcrm upon defendant(e) identified in plaintiff’s 285
fctms.
UNI§ED STé§ES DISTRICT JUDGE
3