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

Case 1 :08-cv—00070-SLR Document 14 Filed 04/14/2008 Page 1 of 3
DISTRICT COURT OF THE DISTRICT OF DELWARE
Husain vs. Perrotti
CASE NO.: l:08-70SLR
T0:
Honorable J ud c Sue L. Robinson
g APR ii ztna
From: if
Syed M. Husain. Plaintiff, pro se i. .`
Your Honor:
There are several misunderstandings in this case which need to be clarified by the Court in the form of an
Order..
l. This ease was initially filed under FRCP 65; under this Rule Summons and Complaint are not
needed, but only a Affidavit is required
3. After sewing the Affidavit. the Courts sets a date for the Plaintiff`AD Defendant to appear for a
hearing.
3. Since a Show Cause Action is requested. the Plaintiff. at the time of hearing the Defendant shows
Cause as to why the Residency Certificate should not be signed bythe Defendant and others
4. lf the presiding Judge finds merit in Defendants defense creditable, the Court does not order the
signatures on the Certificate. On the other hand if the Judge finds Plaintiffs presentation to be
truthful, affixing signatures and seals on the Certificate arc. ordered
Did I correctly- indicate the process in items I through 4 above?
On April 4. 2008 I received a Motion to Dismiss Complaint from the Defense Attorney. The same day I
sent a Motion to the Court for a Default erroneously.
In the Affidavit I served upon the Defendant. I probably should not have titled it "Compiaint and
Aflidavit", but simply "Affidavit". This is what has prompted the Court Clerk to send me a copy of Rule
4 and for the same reason the Defense Attorney sent a Motion to the Court to Dismiss my Complaint..
Additionally, a change has occurred in the Administration of Delawasre Psychiatric Center.
According to the Defense Attorney,. as of February 21, 2008, Mr. Perrotti resigned from the
position of Acting Directorship and the Director is now Hasam E,Abdullah.
FRCP 25(d)(l) states the following:
t tl} Puu1..tt`C)rrrcERs; Umm on S1aP.mrt.mrit.iN l`Roix-iOrricr.( l) When a public otliccr is zi party to an action in his official
capacity and during its pendency dies. resigns, or otherwise ceases to hold oliicet the action does not abate and the otiicer`s

Case 1:08-cv—O0O70-SLR Document 14 Filed O4/14/2008 Page 2 of 3
-2-
successor is automatically substituted as :1 party. Proceeding toliowmg the substitution shall be 111 the name ofthe
substituted party. but any lIllS1l0ITlC1` not atiecting the substantial rights of the parties shall be disregarded. An order of
sitbstitution may be entered at any tune, but the omission to enter such an order shall not aftcct the substitution
FRCP 25(d)(2) provides for the addition of the of other Defendant as follows;
{ 2) A public otlicer who sues or is sued in an otlicial capacity may be described as a party by the o1`ticcr`s ofiicial title rather
than byna111e; but the court may require the o1licer`s name to be added (As amended)
Under these circumstances 1 request the Court to approve the following;
1. Dismiss P|a_intiff’ s Motionfor Default Judgment
2. Dismiss Defendanfs Motion to Dismiss Complaint
3. Permit me to modify the ““Complaint and Aftidavit" to simply “Aftidavit"
4. Permit to change the Caption ofthe case from "Husain vs. Perrotti" to either
"Husain vs. Abdullah" or "Husain vs. Perrotti and Abdullah] depending on the Court’s
discretion
5. Set up a date of hearing
1 respectfully ask the Court to issue an order clarifying the above mentioned issues for which I
show my appreciation;.
Respecgfully submitted,
_/··/ `1/( “" '° ` " Dated; April 1 1, 2008
Syed M. Husain, MD, PhD, pm se
Cc: Detense Attorney McGonagall
Wilmington Trust Center
11001\/larket Street, Suite 1001
Wilmington, DE 19801
I

Case 1:08-cv—O0O70-SLR Document 14 Filed O4/14/2008 Page 3 of 3
.»·~ 2*2*
»` €¤, *91 F E 2-
` ss" I Z:-Q3
~ 9- ·y as U,
\)‘ { . gw:
uL%¤;"¤
E E

[ui.
ui:
{iv
¤ZZZ¤
pv!.
1:.}
rf?}
ui;
C? ¤>¤ CA \\
{xi s; Mx F
['¢:I JQ YJ
Q
A- b ia gz
;~— ·x— K M {"`
¤ *~x , iii
=:-. \ *— ‘* kv ..:
f» E #3 ·#
;; Ex Z La
xr` gx gr;
:: T . we {gg VG
F PT ‘ ··»:
5. T; ,,3
Q_ V`: ni {mi
:· ~` 5 "*‘
5: N. ¤ "“'€
ri gg w.
" wif
:—— ~- " * * 2 ” .
' TQ ·:—+ gg ` 2*
:... *15
Q i
zh » 3 2
Q I E
5] ; "*??f‘
sz { *1;

Case 1:08-cv-00070-SLR

Document 14

Filed 04/14/2008

Page 1 of 3

Case 1:08-cv-00070-SLR

Document 14

Filed 04/14/2008

Page 2 of 3

Case 1:08-cv-00070-SLR

Document 14

Filed 04/14/2008

Page 3 of 3