Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:O7—cv—OO525-JJF Document 17 Filed O3/05/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS LEE SMITH, :
Plaintiff, E Civil Action No. 07-525-JJF
v. Z
PATRICIA A. MEYERS, MACK L. 2
DAVIS, JR., STEVEN S. KREBS :
and BARBARA KREBS, :
Defendants. E
MEMORANDUM ORDER
WHEREAS, the Court issued an Order (D.I. I4) requiring
Plaintiff to show cause why this action should not be dismissed
for failure to serve pursuant to Fed. R. Civ. P. 4(m); D
WHEREAS, Plaintiff responded to the Court with a motion
requesting the Court to take no further action with respect to
this case (D.I. 15) and a letter (D.I. 16) intended to clarify
his previous filing (D.I. I6);
WHEREAS, Plaintiff contends in both documents that he has
not filed a civil complaint, and therefore, the requirements of
Rule 4(m) do not apply to him;
WHEREAS, Plaintiff paid the filing fee to institute a civil
action, and the Court has construed Plaintiff's opening pleading,
captioned as a Motion To Prohibit, as a civil complaint;
WHEREAS, Plaintiff has offered no reason for his failure to
comply with Rule 4(m), and it appears, from Plaintiff's pleadings

Case 1 :07—cv—00525-JJF Document 17 Filed 03/05/2008 Page 2 of 2
that he does not wish to pursue this action as a civil
complaint%
NOW THEREFORE, IT IS HEREBY ORDERED that;
I. The above—captioned action is DISMISSED.
2. All pending Motions shall be terminated in accordance
with this Order.
March i , 2007 · _ fi%CZ¢¢e<
DATE _ ¤TED TA ES DISTRIC JUDGE
1 Plaintiff contends that both of his filings (D.I. I5,
I6) are meant to be part of his Interlocutory Appeal, USCA 07-
3999, even though they were filed in this Court. Plaintiff, of
course, retains the option of filing his papers with the Court of
Appeals for the Third Circuit if he wishes to present them in
that forum.

Case 1:07-cv-00525-JJF

Document 17

Filed 03/05/2008

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Case 1:07-cv-00525-JJF

Document 17

Filed 03/05/2008

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