Free Suggestion of Death - District Court of Delaware - Delaware

Case 1:05-cv-00013-GMS

Document 98

Filed 12/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JIMMIE LEWIS, ) ) Plaintiff, ) ) v. ) ) ) WARDEN RAPHAEL WILLIAMS, et al., ) ) Defendants. )

CONSOLIDATED C.A. No. 05-013-GMS C.A. No. 05-051-GMS C.A. No. 05-052-GMS Jury Trial Requested

SUGGESTION OF DEATH UPON THE RECORD PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25 COMES NOW, the undersigned counsel and suggests upon the record, pursuant to Federal Rule of Civil Procedure 25(a)(1), the death of defendant Officer Andrew Talenti on October 21, 2006, during the pendency of this action. A redacted copy of Officer Talenti's death certificate is attached hereto. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants

Dated: December 5, 2006

Case 1:05-cv-00013-GMS

Document 98

Filed 12/05/2006

Page 2 of 2

CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on December 5, 2006, I caused a true and correct copy of the attached Suggestion of Death upon the Record pursuant to Federal Rule of Civil Procedure 25 to be served on the following individual in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Jimmie Lewis SBI # 506622 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient

/s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400