United States District Court, D. Delaware
Ernest Dorian Cephas, James T. Vaughn Correctional Center,
Smyrna, Delaware. Pro Se Plaintiff.
ANDREWS, U.S. DISTRICT JUDGE
Vernon Ernest Dorian Cephas, an inmate at the James T. Vaughn
Correctional Center in Smyrna, Delaware, proceeds pro
se. He filed this action pursuant to 42 U.S.C. §
1983 in 1993 and was awarded monetary damages following a
bench trial in 1996. The Court has jurisdiction pursuant to
28 U.S.C. § 1331. Before the Court is Plaintiff's
motion for a writ of execution. (D.I. 72).
December 5, 1996, the Court found in favor of Plaintiff and
against Defendant C/O Dave Dupron and entered judgment in the
sum of $250.00. (D.I. 61, 62, 63). On May 23, 2001, Plaintiff
asked the Court to issue a writ of execution in his favor
pursuant to the December 5, 1996 judgment. (D.I. 67). The
Court issued a deficiency notice and advised Plaintiff that
service must be made upon counsel for Defendant. (D.I. 68).
January 3, 2018, Plaintiff requested a copy of the court
docket, and it was mailed to him on January 5, 2018. (D.I.
69, 70). On August 27, 2018, the Court received Plaintiffs
letter stating that he did not believe he had received
payment of the judgment and asking for assistance. (D.I. 71).
On September 25, 2018, almost twenty-two years after entry of
judgment, Plaintiff filed the instant motion for writ of
execution to compel payment of the judgment plus
interest. (D.I. 72).
indicates that opposing counsel is Susan P. Tussey with the
Delaware Department of Justice. The court docket indicates
that Tussey was terminated as the attorney of record on
October 24, 1994. In addition, the Court takes judicial
notice that Tussey is now a Family Court Commissioner in the
Family Court of the State of Delaware in New Castle County.
The court docket indicates that Cathy Ann Johnson (formerly
Cathy Ann Jenkins), now a deputy public defender with the
Office of Defense Services in New Castle County, Delaware,
represents Dupron. However, when this case was being
litigated Dupron was a Department of Correction employee and
Johnson, as a deputy attorney general with the Department of
Justice of the State of Delaware, represented him. (See D.I.
61). Therefore, neither Commissioner Tussey nor Attorney
Johnson are now deputy attorneys general for the State of
Delaware. The Court will therefore order that a copy of the
memorandum and order be served upon the Attorney General of
the State of Delaware so that the State has notice of this
69(a) of the Federal Rules of Civil Procedure provides as
(a) In General.
(1) Money Judgment; Applicable Procedure. A money judgment is
enforced by a writ of execution, unless the court directs
otherwise. The procedure on execution-and in proceedings
supplementary to and in aid of judgment or execution-must
accord with the procedure of the state where the court is
located, but a federal statute governs to the extent it
(2) Obtaining Discovery. In aid of the judgment or execution,
the judgment creditor or a successor in interest whose
interest appears of record may obtain discovery from any
person-including the judgment debtor-as provided in these
rules or by the procedure of the state where the court is
Fed. R. Civ. P. 69. This Court's Local Rules provide
that, "[proceedings on executions shall be in accordance
with Fed.R.Civ.P. 69. In all cases in which a party seeks a
writ of execution, the parties shall submit the completed