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

Case 1:07-cv-00405-JJF Document 31 Filed O2/21/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL A. JOY, :
Plaintiff, 3
v. ; Civ. Action No. 07-405-JJF
HEALTHCARE C.M.S., WARDEN E
RAPHAEL WILLIAMS, COMMISSIONER:
CARL C. DANEERG, GOVERNOR RUTH:
ANN MINNER, and MAYOR JAMES M.:
BAKER, :
Defendants. E
P;
NOW THEREFORE, at Wilmington this igyday of February, 2008,
IT IS HEREBY ORDERED that:
l. The Clerk of the Court shall cause a copy of this Order
to be mailed to Plaintiff.
2. Plaintiff’s claims against Defendants Governor Ruth Ann
Minner, Department of Correction Commissioner Carl C. Danberg,
and Wilmington Mayor James M. Baker are DISMISSED as frivolous
and for failure to state a claim upon which relief may be granted
pursuant to 28 U.S.C. § l9l5(e)(2)(B) and § l9l5A(b){l). They
are DISMISSED as Defendants in the case.
3. The Court has identified cognizable Eighth Amendment
claims against Defendants Warden Raphael Williams and
Correctional Medical Services. Plaintiff is allowed to PROCEED
against these Defendants.
IT IS FURTHER ORDERED that:

l___.__wlf Case 1 :07-ov-00405-JJF Document 31 Filed O2/21/2008 Page 2 of 4
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff shall provide the Court with original "U.S. Marshal-
285" forms for remaining Defendants Warden Raphael Williams and
Correctional Medical Services, as well as for the Attorney
General of the State of Delaware, 820 N. FRENCH STREET,
WILMINGTON, DELAWARE, 19801, pursuant to Del. Code Ann. tit. 10,
§ 3103(c). Plaintiff shall provide the Court with copies of the
Complaint and amendments (D.I. 5, 6, 13) for service upon the
remaining Defendants and the Attorney General. Plaintiff is
notified that the United States Marshal will not serve the
Complaint and its amendments 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 and copies of the Complaints and its
amendments for each remaining Defendant 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).
2. Upon receipt of the form(s) required by paragraph 1
above, the United States Marshal shall forthwith serve a copy of
the Complaint and amendments (D.I. 5, 6, 13), this Order, a
"Notice of Lawsuit" form, the filing fee order(s), and a "Return
of Waiver" form upon the Defendant(s) so identified in each 285
form.
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Case 1 :07-cv-00405-JJF Document 31 Filed O2/21/2008 Page 3 of 4
3. Within thirty (30) days from the date that the "Notice
of Lawsuit" and "Return of Waiver" forms are sent, if an executed
"Waiver of Service of Summons" form has not been received from a
Defendant, the United States Marshal shall personally serve said
Defendants pursuant to Fed. R. Civ. P. 4(c)(2) and said
Defendants shall be required to bear the cost related to such
service, unless good cause is shown for failure to sign and
return the waiver.
4. Pursuant to Fed. R. Civ. P. 4(d)(3), a Defendant who,
before 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 Lawsuit" form, and the
"Return of Waiver" form are sent. If 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.
5. 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.
6. 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
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Case 1 :07-cv-00405-JJF Document 31 Filed O2/21/2008 Page 4 of 4
filed prior to service shall be subject to re—screening pursuant
to 28 U.S.C. § l9l5(e)(2) and § 1915A(a}. ***
7. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
Wigan s ATE ‘ DISTRICT/J Des
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