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

Case 1:04-cv-01367-GMS

Document 60

Filed 09/18/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JULIAN A. MILLER, Plaintiff, v. STANLEY TAYLOR, individually and in his official capacity as Commissioner of the Delaware Department of Correction; THOMAS CARROLL, individually and in his official capacity as Warden of the Delaware Correctional Center at Smyrna; DR. ALIE, individually and in her official capacity as Medical Director at DCC Smyrna; IHUOMA CHUKS, individually and in her official capacity as a Nurse at DCC Smyrna; and First Correctional Medical, Defendants.

C.A. No. 04-1367-KAJ

PLAINTIFF JULIAN MILLER'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT Plaintiff Julian A. Miller (hereinafter referred to as "Plaintiff Miller") hereby moves to amend his complaint to correctly name Nurse Ihuoma Chuks as a defendant. Attached are the Second Amended Complaint (attached as Exhibit A), the proposed Third Amended Complaint (attached as Exhibit B), and a red-lined comparison of these documents (attached as Exhibit C). The Third Amended Complaint does not present any prejudice to defendants. Plaintiff Miller respectfully requests that the Court, upon granting this motion, issue an order to the United States Marshal Service to serve Plaintiff Miller's September 18, 2006 filings and a "U.S. Marshal-285" form to Nurse Ihuoma Chuks at the Delaware Correctional Center, 1181 Paddock Road, Smyrna, DE 19977, and to First Correctional Medical, through its Delaware registered agent, The Corporation Trust Company, 1209

Case 1:04-cv-01367-GMS

Document 60

Filed 09/18/2006

Page 2 of 3

Orange Street, Wilmington, DE 19801. Completed forms will be sent to the Clerk's office upon the granting of this motion. A proposed form of Order is attached as Exhibit D.

Dated: September 18, 2006

FISH & RICHARDSON P.C.

By: /s/ Sean P. Hayes Sean P. Hayes (#4413) [email protected] 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Tel: (302) 652-5070 Attorney for Plaintiff Julian A. Miller

80036988.doc

Case 1:04-cv-01367-GMS

Document 60

Filed 09/18/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 18, 2006, I electronically filed with the Clerk of Court PLAINTIFF JULIAN MILLER'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT using CM/ECF which will send electronic notification of such filing(s), and also by hand delivery to the following Delaware counsel at the addresses below: Stephani J. Ballard (#3481) Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 Tel: (302) 577-8400 [email protected] Attorney for Defendants Stanley Taylor and Thomas Carroll Dana Spring Monzo (#4605) McCullough & McKenty, P.A. 1225 North King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 Tel: (302) 655-6749 Fax: (302) 655-6827 [email protected] Attorney for Defendant Dr. Sitta B. Gombeh-Alie

/s/ Sean P. Hayes Sean P. Hayes