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

Case 1:07-cv—00380-SLR Document 6 Filed 07/19/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LOU GARDEN PRICE, SR. )
)
Plaintiff, )
)
v. ) Civil Action No. 07-380-SLR
)
TOM CARROLL, ELIZABETH BURRIS, )
D. PIERCE, DAVID K. HOLMAN, )
JOSEPH RICHARDSON, A. PROFACI, )
D. FIELDS, C.O. BASSINGER, )
3 UNK. KITCHEN C.O.’S, QUANI NEAL,)
DR. LOUISE DESROSIERS, )
DIE'l`lClAN/NUTRITIONIST CMS, and )
M. KNIGHT, )
)
Defendants. )
SERVICE ORDER
At Wilmington this j& day of July, 2007, plaintiff having satisfied the tiling
prerequisites of 28 U.S.C. § 1915A; and the court having identified cognizable
deliberate indifference to serious medical needs claim within the meaning of 28 U.S.C.
§ 1915A(b);
IT IS ORDERED that:
1. The clerk of the court shall cause a copy of this order to be mailed to plaintiff.
2. The complaint names as defendants three (3) unknown kitchen C.O.'s.
When plaintiff learns the identity ofthe unknown kitchen C.O.’s, he shall immediately
move the court for an order directing amendment ofthe caption and service ofthe
complaint on them.
3. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall provide original
“U.S. Marshal-285" forms for each defendant, as well as for the Attorney General of

Case 1:07-cv—00380-SLR Document 6 Filed 07/19/2007 Page 2 of 3
the State of Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801,
pursuant to DEI-. CODE ANN. tit. 10 § 3103(c). Plaintiff has provided the court with
copies of the complaint (D.l. 2) for service upon defendants and the attorney
general. The plaintiff is notified that the United States Marshal will not serve the
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 each defendant and
the attorney general within 120 days 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 ofthe form(s) required by paragraph 3 above, the United States
Marshal shall forthwith serve a copy of the complaint (D.I. 2), 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.
5. Within thirty (30) days from the date that the "Notice of Lawsuit" and "Return
of Waiver" forms are sent, if an executed "Waiver of Senrice of Summons" form has not
been received from a defendant, the United States Marshal shall personally sen/e 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 senrice, 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, before being served
with process timely returns a waiver as requested, is required to answer or othenivise
respond to the complaint within sixty (60) days from the date upon which the
-2-

Case 1:07-cv—00380-SLR Document 6 Filed 07/19/2007 Page 3 of 3
complaint, this order, the "Notice of Lawsuit" form, and the "Return of 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 Hled 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. §1915(e)(2) and § 1915/-\(a). ***
9. NOTE: *** Discovery motions and motions for appointment of counsel tiled
prior to service will be dismissed without prejudice, with leave to retile following service.

-3-