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

Case 1:07-cv-00239-JJF Document 13 Filed 10/O1/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD E. CLARK, JR., :
Plaintiff, ;
v. Z Civ. Action No. 07-239-JJF
WARDEN RAPHAEL WILLIAMS, ;
LT. SHEETS, JIM WELCH, and :
DR. MCDONALD, :
Defendants. E
SECOND SUPPLEM NTAL SERVICE ORDER
WHEREAS, Plaintiff amended his Complaint by adding Defendant
Dr. Peter Binnon (D.I. Il);
WHEREAS, the Court has identified cognizable claims within
the meaning of 28 U.S.C. § l9l5A(b) against additional Defendant
Dr. Peter Binnon;
NOW THEREFORE, IT IS HEREBY ORDERED this JL_ day of October,
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 has provided a "U.S. Marshal—285" form for Dr. Peter
Binnon. The Court’s file does not reflect receipt of a “U.S.
Marshal—285 for Dr. McDonald. Therefore, 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
Dr. McDonald. Additionally, Plaintiff shall provide the Court

Case 1:07-cv-00239-JJF Document 13 Filed 10/O1/2007 Page 2 of 3
with copies of the Complaint (D.I. 2) and Amended Complaints
(D.I. 8, ll) for service upon all remaining Defendants.
Plaintiff is notified that the United States Marshal will not
serve the Complaint and Amended Complaints 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 Dr. McDonald
and copies of the required documents 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
return the waiver.
5. Pursuant to Fed. R. Civ. P. 4(d)(3), a defendant who,
2

Case1:O7-cv-00239-JJF D0cument13 Fi|ed10/O1/2007 Page30f3
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—screening pursuant
to 28 U.S.C. §1915(e)(2) and § 1915A(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. ***
UNI il §T ES D STRICT GE
3