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


File Size: 44.7 kB
Pages: 2
Date: December 14, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 294 Words, 1,801 Characters
Page Size: Letter (8 1/2" x 11")
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Case 1:05-cv-00037-SLR Document 43 Filed 12/15/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SAMUEL, )
Plaintiff, )
v. ) Civil Action No. 05-037-SLR
THOMAS CARROLL (WARDEN), )
et al., )
Defendants. )
ORDER
WHEREAS, plaintiff Harry Samuel, SBI #201360, a prisoner
incarcerated at Delaware Correctional Center, Smyrna, Delaware,
filed a complaint pursuant to 42 U.S.C. § 1983. Plaintiff is pro
se and was granted permission to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915;
WHEREAS, two services orders were issued: one on September
26, 2005 (D.I. 23) and the other on November 16, 2005 (D.I. 36),
allowing plaintiff to proceed on two—health related claims and
dismissing as frivolous a classification claim and conditions of
confinement claim;
WHEREAS, in the second service order, the Court denied
plaintiff’s motion to reconsider dismissal of the classification
claim and conditions of confinement claim (D.I. 36), and on
December 2, 2005, the Court denied plaintiff’s second motion to l
reconsider dismissal of the classification claim (D.I 40);
WHEREAS, on November 29, 2005, plaintiff filed a motion to

Case1:05-cv-00037-SLR Document 43 Filed 12/15/2005 Page20f2
amend the complaint. The filing reiterates plaintiff’s health
related claim against defendants First Correctional Medical and
Rob Young and appears to attempt to reinstate the dismissed
conditions of confinement claim;
THEREFORE, at Wilmington this _k§g day of December, 2005, IT
IS ORDERED that:
l. The plaintiff’s Motion to Amend Complaint is DENIED.
Plaintiff is advised that the Court will not consider motions to
amend or reinstate the conditions of confinement claim.
2. The Clerk of the Court shall cause a copy of this order
to be mailed to the plaintiff.

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