Free Order Dismissing Case - District Court of Delaware - Delaware


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Date: March 29, 2006
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 296 Words, 1,665 Characters
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Case 1:05-cv-00066-JJF Document 15 Filed 03/28/2006 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANTHONY MICHAEL SMITH, )
Plaintiff, g
v. g Civil Action N0. 05-66-JJF
DELAWARE DEPARTMENT OF g
CORRECTION, et al., )
Defendants. g
@:2*
WHEREAS, Plaintiff filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, on November 14, 2005, the Court entered an order
requiring Plaintiff to complete and return USM—285 forms for each
Defendant, 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. 12);
WHEREAS, on December 19, 2005, the order was returned to the
court as undeliverable (D.I. 13);
WHEREAS, Plaintiff apparently is no longer at the address he
provided the Court; he has failed to inform the Court of his
current address; no action has been taken in this matter for a
period of at least three months; and to date, none of the

Case 1:05-cv-00066-JJF Document 15 Filed 03/28/2006 Page 2 of 2
required USM—285 forms have been received from Plaintiff;
THEREFORE, at Wilmington this SQ; day of March, 2006, IT IS
HEREBY ORDERED that Plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE pursuant to Fed. R. Civ. P. 4(m) and D. Del. L.R. 41.1
(1995). Plaintiff is not required to pay any previously assessed
fees or the $250.00 filing fee.
· - FE§CL¤-¤.~
I D S T DISTRICT J GE
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