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Worley v. Davis

December 13, 2005

DANNY JOE WORLEY ADC #130383 PLAINTIFF
v.
AARON DAVIS, ET AL DEFENDANTS



ORDER

The Court is in receipt of a letter dated December 6, 2005, from John Ellis, Plaintiff's appointed counsel. In this letter, Mr. Ellis explains that the answer filed by David Gerald Bailey (docket entry #36) indicates, through personal information provided, that the wrong defendant was served. Specifically, David Gerald Bailey is not the "correct" David Bailey and should have never been served. For this reason, the Clerk of the Court is directed to docket counsel's letter as a notice by Plaintiff of improper service. The Clerk of the Court is further directed to remove the document attached to docket entry #36 from the case file, to mail a copy of this order to the David Bailey who filed the answer, and to remove his address from the docket.

IT IS SO ORDERED this 13th day of December, 2005.

20051213

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