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Ivy Winter v. Holloway

United States District Court, D. Delaware

October 4, 2019

HERMIONE KELLY IVY WINTER, a/k/a Najmaa-bint-Sakinah S. bint-Sard-Khadijah, f/k/a David A. Allemandi, Plaintiff,
v.
HEIDI HOLLOWAY, et al., Defendants.

          MEMORANDUM ORDER

          HONORABLE LEONARD P. STARK UNITED STATES DISTRICT JUDGE.

         At Wilmington this 4th day of October, 2019, IT IS ORDERED that: (1) Klein is dismissed as a defendant; (2) Plaintiffs morion for extraordinary circumstances extension and motion for preliminary injunction to allow continued work on the case and stop ongoing cruel and unusual punishment and motion for new copy of request for admission and motion for reconsideration of TRO against Heidi Holloway (D.I. 98) is granted to die extent mat Defendants shall provide a copy of their requests for admissions on or before November 4, 2019, and denied in all other respects, all for the following reasons:

         1. Introduction.

         Plaintiff filed this action pursuant to 42 U.S.C. § 1983. (D.I. 2) Plaintiff appears pro se and has been granted leave to proceed in forma pauperis. (D.I. 4)

         2. Defendant Klein.

         To date, Defendant Klein ("Klein") has not been served. On July 30, 2019, the Court entered an order for Plaintiff to properly identify Klein so that this defendant could be served. (D.I. 139) Plaintiff was given until on or before August 26, 2019 to do so. She did not comply or respond to the Order in any fashion. Therefore, Klein will be dismissed as a defendant.

         3. Combined Motion.

         Plaintiffs motion filed on August 26, 2019 is a combined motion that seeks relief in a number of areas. (D.I. 141) Each are addressed in turn.

         4. Stay.

         Plaintiff seeks a lengthy extension or stay of proceedings until "the cruelty" is fixed. The Court declines both requests and will deny this portion of the motion.

         5. Request for Admissions.

         Plaintiff asks that Defendants be ordered to provide her with another copy of the requests for admissions served upon her. The request will be granted.

         6. Motion for Reconsideration.

         Plaintiff moves for reconsideration of the July 30, 2019 Memorandum Opinion and Order, only as to Defendant Heidi Holloway ("Holloway"), that denied Plaintiffs motion for injunctive relief. (See D.I. 138, 139) Plaintiff argues that she has shown ...


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