Free Order Dismissing Case - District Court of Delaware - Delaware


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Date: May 9, 2006
File Format: PDF
State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—00472-KAJ Document 8 Filed 05/09/2006 Paget of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, )
Plaintiff, g
v. g Civ. N0. 05-472-KAJ
ATTORNEY SAMUEL C. STRETTON, g
Defendant. g
ORDER
WHEREAS, Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983
without prepayment of the filing fee;
WHEREAS, on March 3, 2006, the Court entered an order dismissing the
complaint without prejudice as legally and factually frivolous and for failure to state a
claim upon which relief may be granted (D.l. 5);
WHEREAS, Plaintiff was advised in the March 3, 2006, order that amendment of
the complaint would be futile.
WHEREAS, on April 14, 2006, Plaintiff filed an amended complaint without
seeking leave of court (D.l. 7);
WHEREAS, the amended complaint once again contains allegations against
Plaintiffs federal criminal defense attorney, and those claims fail under Bivens v. Six
Unknown Named Agents of Federal Bureat1¢%1Narcotics, 403 U.S. 388, 389 (1971).
THEREFORE, at Wilmington this of May, 2006, IT IS HEREBY
ORDERED as follows:
1. The amended complaint (D.l. 7) is STRICKEN.

Case 1:05-cv—OO472-KAJ Document 8 Filed 05/O9/2006 Page 2 of 2
2. This case is CLOSED.
3. Repetitive requests for relief that the Court has already determined are
without merit will not be accepted for docketing. Q
{OE - r /‘”\
U lTED STA D? ICT JUDGE
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