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

Case 1:07-cv-00239-JJF Document 9 Filed 07/17/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD E. CLARK, JR., :
Plaintiff, E
v. E Civ. Action No. 07-239-JJF
WARDEN RAPHAEL WILLIAMS, E
LT. SHEETS, JIM WELCH, and :
DR. MCDONALD, :
Defendants. ;
SUPPLEMENTAL SERVICE ORDER
WHEREAS, Plaintiff amended his Complaint by adding
Defendants Jim Welch and Dr. McDonald and dismissing Defendant
Dr. Smith (D.I. 8);
WHEREAS, the Court has identified cognizable claims within
the meaning of 28 U.S.C. § 1915A(b) against additional Defendants
Commissioner Jim Welch and Dr. McDonald;
NOW THEREFORE, IT IS HEREBY ORDERED this lil day of July,
2007 that:
1. The Clerk of the Court shall cause a copy of this Order
to be mailed to the Plaintiff.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff shall complete and return to the Clerk of the Court an
original "U.S. Marshal—285" form for the additional Defendants:
Commissioner Jim Welch and Dr. McDonald as well as for the
Attorney General of the State of Delaware, 820 N. FRENCH STREET,
WILMINGTON, DELAWARE, 19801, pursuant to DEL. C0m2PmN. tit. 10 §

Case 1:07-cv-00239-JJF Document 9 Filed 07/17/2007 Page 2 of 3
3lO3(c). Additionally, Plaintiff shall provide the Court with
copies of the Complaint (D.I. 2) and Amended Complaint (D.I. 8)
for service upon the additional Defendants Jim Welch and Dr.
McDonald. Plaintiff is notified that the United States Marshal
will not serve the Complaint and 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
additional 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).
3. Upon receipt of the form(s) required by paragraph 2
above, the United States Marshal shall forthwith serve a copy of
the Complaint and Amended Complaint, this Order, a "Notice of
Lawsuit" form, the filing fee order(s), and a "Return of Waiver"
form upon the additional Defendants identified in the 285 forms.
4. 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
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
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Case 1:07-cv-00239-JJF Document 9 Filed 07/17/2007 Page 3 of 3
return the waiver.
5. 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.
6. 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.
7. 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—soreening pursuant
to 28 U.S.C. §l9l5(e)(2) and § l9l5A(a). ***
8. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
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D S T DISTRICT E
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