Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:05-cv-00058-JJF Document 10 Filed 03/28/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TERENCE HIGGINS, )
Plaintiff, 5
v. ; Civil Action No. 05-58-JJF
WARDEN THOMAS CARROLL, g
et al., )
Defendants. g
¤
WHEREAS, Plaintiff filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, on November 15, 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. 7);
WHEREAS, to date, none of the required USM-285 forms have
been received from Plaintiff; _
THEREFORE, at Wilmington this gigi day of March, 2006, IT IS
HEREBY ORDERED that Plaintiff's complaint is DISMISSED WITHOUT
PREJUDICE pursuant to Fed. R. Civ. P. 4(m). Plaintiff is not

Case 1:05-cv-00058-JJF Document 10 Filed 03/28/2006 Page 2 of 2
required to pay any previously assessed fees or the $150.00
filing fee.
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[JNCI D ST T DISTRICT G