Free Order Dismissing Case - District Court of Delaware - Delaware


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Date: April 20, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-00915-G|\/IS Document 15 Filed 04/20/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ADOLPH ALLEN CONOVER, )
)
Plaintiff, )
) CONSOLIDATED
vs. ) Civ. No. 04-915-GMS
)
ASST DISTRICT ATTORNEY )
DONALD ROBERTS, BILL CROSS )
WILMINGTON POLICE DEPT. )
"OPERATION SAFE STREETS", )
DISTRICT ATTORNEY JANE )
BRADY, )
)
Defendants. )
ORDER
WHEREAS, plaintiff filed a civil rights action pursuant
to 42 U.S.C. § l983 without prepayment of the filing fee;
WHEREAS, on December 2l, 2004, the Court entered an
order requiring plaintiff to complete and return USM—285 forms
for each defendant, and 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. ll);
WHEREAS, on December 2l, 2004, the order was mailed to
the plaintiff at the Delaware Correctional Center, where the
plaintiff indicated he was incarcerated;

Case1:04—cv-00915-GMS Document15 Filed 04/20/2005 Page2of2
WHEREAS, on December 30, 2004, the order was returned
to the court as undeliverable;
WHEREAS, on February 22, 2004, the Court entered an
order consolidating this complaint with Conover v. Roberts, CA
NO. 04-1438-eMs (D.i. 13)
WHEREAS, on February 25, 2005, the order was mailed to
the plaintiff at his last known address;
WHEREAS, on March 3, 2005, the order was returned to
the court as undeliverable (D.I. 14);
WHEREAS, the plaintiff has been released from custody
and has failed to inform the court of his new address and no
action has been taken in this matter for a period of at least
three months; Q
THEREFORE, at Wilmington this /j_rday of , 2005,
IT IS HEREBY ORDERED that the plaintiff's complaint is DISMISSED
WITHOUT PREJUDICE pursuant to D. Del. L.R. 4l.l (1995).
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