Smith v. Reginal Medical First Correctional et al, No. 1:2007cv00477 - Document 35 (D. Del. 2009)

Court Description: MEMORANDUM AND ORDER DENYING 28 MOTION to Amend/Correct 2 Complaint filed by Paul J. Smith, DENYING 33 MOTION for Summary Judgment filed by Paul J. Smith, and GRANTING 30 MOTION to Dismiss/MOTION for Summary Judgment filed by Thomas Carroll. The plaintiff is directed to show cause on or before March 31, 2009, why the defendant Regional Medical First Correctional should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Signed by Chief Judge Gregory M. Sleet on 3/16/09. (mmm)