Free Order (PLRA) Assessment Removed - District Court of Delaware - Delaware


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Date: February 27, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—00067-SLR Document 10 Filed 02/27/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM FREDERICK DAVIS, III, )
Plaintiff, i
v. g Civ. No. 05-067-SLR
RAPHAEL WILLIAMS, et al., g
Defendants. g
ORDER
WHEREAS, plaintiff, William Frederick Davis, III, filed a
civil rights action pursuant to 42 U.S.C. § 1983 without
prepayment of the filing fee;
WHEREAS, on September 30, 2005, the court entered an order
requiring plaintiff to complete and return USM—285 forms for each
defendant, and informing plaintiff that the United States Marshal
would not serve the complaint until all USM—285 forms were
received by the clerk of the court, and that failure to provide
the USM—285 forms within 120 days from the date of the order may
result in the complaint being dismissed or defendants being
dismissed pursuant to Fed. R. Civ. P. 4(m) (D.I. 9);
WHEREAS, to date, none of the required USM—285 forms have
been received from plaintiff;
THEREFORE, at Wilmington this Eykb day of February, 2006, IT
IS HEREBY ORDERED that plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE pursuant to Fed. R. Civ. P. 4(m). Plaintiff is not
required to pay any previously assessed fees or the $250.00

Case 1:05-cv-00067-SLR Document 10 Filed O2/27/2006 Page 2 of 2
filing fee.

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