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

Case 1:07-cv—00147-SLR Document 12 Filed 05/30/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANTHONY PORTERFIELD, )
I
Plaintiff, )
I
v. ) Civil Action No. 07-147-SLR
I
C.O. JOHN DOE a/Ida Kneup, )
DEPUTY WARDEN PIERCE, )
DEPUTY WARDEN BURRIS, )
WARDEN CARROLL, MICHAEL )
MCGREANOR, LISE MERSON, )
DEBORAH RODWELLER, JOHN )
RUNDLE, LEE ANNE DUNN, )
OSHENKA GORDEN, BRENDA )
HEDDINGER, DR. ROGERS, )
DR. DURST, DIRECTOR OF )
NURSING GAIL ELLER, REGISTERED)
NURSE MEGGETI', CHRISTINE DOE, )
JOHN DOE 2 x-ray technician, and )
CORRECTIONAL MEDICAL )
SERVICES, )
I
Defendants. )
SERVICE ORDER
At Wilmington this Qghday of May, 2007, plaintiff having satisfied the tiling
prerequisites of 28 U.S.C. § 1915A; and the court having identified cognizable
excessive force and deliberate indifference to serious medical needs claims 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. Plaintiffs motion for appointment of counsel (D.I. 3) is denied without
prejudice with leave to refile following service of the complaint.

Case 1:07-cv—00147-SLR Document 12 Filed 05/30/2007 Page 2 of 3
3. The complaint lists as defendants C/O John Doe alk/a Kneup, Christine Doe,
and John Doe 2 x—ray technician. When plaintiff learns the identity ofthe Doe
defendants, he shall immediately move the court for an order directing amendment of
the caption and service of the complaint on them.
IT IS FURTHER ORDERED THAT;
1. 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
the State of Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801,
pursuant to DEI-. CobE ANN. tit. 10 § 3103(c). Plaintiff shall also provide the court
with copies of the complaint (D.l. 2) for service upon defendants and the attorney
general.
2. Upon receipt ofthe form(s) required by paragraph 1 above, the United States
Marshal shall forthwith serve a copy of the complaint (D.l. 2), this order, a "Notice of
Lawsuit" form, the tiling fee order(s), and a "Return of Waiver" form upon the
defendant(s) so identified in each 285 form.
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
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.
4. Pursuant to Fed. R. Civ. P. 4(d)(3), a defendant who, before being served
-2-

Case 1:07-cv—00147-SLR Document 12 Filed 05/30/2007 Page 3 of 3
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. 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.
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
senrice upon the parties or their counsel.
6. NOTE: *** When an amended complaint is tiled prior to senrice, 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). ***
7. NOTE: *** Discovery motions and motions for appointment of counsel filed
prior to service will be dismissed without prejudice, with leave to retile following service.

-3-