Free Order (PLRA) Service Order (no 285's) - District Court of Delaware - Delaware

Case 1 :07-cv—00394-GIVIS Document 48 Filed 04/16/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JONI L. JOHNSON, )
Plaintiff, g
v. g Civ. Action No. 07-394-GMS
COMMISSIONER CARL C. DANBERG, i
WARDEN PATRICK RYAN, COLLEEN )
SHOTZBURGER, C/O HICKS, and )
CORPORAL BROWN, )
Defendants. g
L1 SERVICE ORDER
At Wilmington this E day of r~ , 2008, the plaintiff having satisfied the
filing prerequisites of 28 U.S.C. § l9l5A; the court having identified at this time what appear to
be cognizable claims against the remaining defendants Commissioner Carl C. Danberg, Warden
Patrick Ryan, Colleen Shotzbuger, C/O Hicks, and Corporal Brown within the meaning of 28
U.S.C. § l9l5A(b);
IT IS ORDERED that:
l. The clerk of the court shall cause a copy of this order to be mailed to the plaintiff.
2. The Plaintiffs motion for appointment of counsel (D.I. 37 is DENIED, without
prejudice, with leave to refile, following service upon the remaining defendants.
3. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiff shall provided complete,
original "U.S. Marshal—285" fonns for the remaining defendants Carl C. Danberg, Warden
Patrick Ryan, Colleen Shotzbuger, C/O Hicks, and Corporal Brown, as well as for the
Attorney General of the State of Delaware, 820 N. FRENCH STREET, WILMINGTON,

Case 1:07-cv—OO394-Gl\/IS Document 48 Filed O4/16/2008 Page 2 of 3
DELAWARE, 19801, pursuant t0 DEL. CODE ANN. tit. 10 § 3103(C). The plaintiff shall also
provide the court with copies of the amended complaint (D.I. 25), supplement (D.I. 27), and
first amended complaint (D.I. 40) for service upon the remaining; defendants. The plaintiff
is notified that the United States Marshal will not serve the amended complaint,
supplement, and first amended complaint until all "U.S. Marshal 285" forms have been
received by the clerk of the court. Failure to provide the "U.S. Marshal 285" forms for the
remaining defendants and the attorney general within 120 days from the date of this order
may result in the complaint being dismissed or defendants being; dismissed pursuant to
Federal Rule of Civil Procedure 4(m).
4. Upon receipt of the form(s) required by paragraph 3 above, the United States Marshal
shall forthwith serve a copy of the amended complaint (D.I. 25), supplement (D.I. 25), the
Court’s November 26, 2007 memorandum and order (D.I. 35), the first amended complaint (D.I.
40), this order, a "Notice of Lawsuit" form, the filing fee order(s), and a "Return of Waiver" form
upon the defendant(s) identified in the 285 forms.
5. Within thirty (30) days from the date that the "Notice ofLawsuit" and "Retum of
Waiver" forms are sent, if an executed "Waiver of Service of Sumn1ons" form has not been
received from a defendant, the United States Marshal shall personally serve said defendant(s)
pursuant to Fed. R. Civ. P. 4(c)(2) and said defendant(s) shall be required to bear the cost related
to such service, unless good cause is shown for failure to sign and return the waiver.
6. Pursuant to Fed. R. Civ. P. 4(d)(3), a defendant who, belbre being served with process
timely returns a waiver as requested, is required to answer or otherwise respond to the complaint
within sixty (60) days from the date upon which the complaint, this order, the "Notice of
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Case 1:07-cv—OO394-G|\/IS Document 48 Filed O4/16/2008 Page 3 of 3
Lawsuit" fonn, and the "Return 0f Waiver" form are sent. lf a defendant responds by way of a
motion, said motion shall be accompanied by a brief or a memorandum of points and authorities
and any supporting affidavits.
7. No communication, including pleadings, briefs, statement of position, etc., will be
considered by the court in this civil action unless the documents reflect proof of service upon the
parties or their counsel.
8. NOTE: *** When an amended complaint is filed prior to service, the court will
VACATE all previous service orders entered, and service will not take place. An amended
complaint filed prior to service shall be subject to re-screening pursuant to 28 U.S.C. § l9l5(e)(2)
and § l9l5A(a). ***
9. NOTE: *** Discovery motions and motions for appointment of counsel filed prior to
service will be dismissed without prejudice, with le ve to refile following service. ***
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