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

Case 1:07-cv-00125-JJF Document 9 Filed 05/O1/2007 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, Z
v. Z Civ. Action No. 07-125-JJF
RUTH ANN MINNER, CARL C. ;
DANBERG, JAMES M. BAKER, :
DAVID PRADO, SHAWN MARGYNIAK, :
and MICHAEL SZCZERBA, :
Defendants. Z
QLDEB
NOW THEREFORE, at Wilmington this } day of May, 2007, IT IS
HEREBY ORDERED that;
I. The Clerk of the Court shall cause a copy of this order
to be mailed to Plaintiff.
2. The Clerk of the Court is DIRECTED to add the new
Defendants to the Court Docket Defendants, Deputy Attorney
General Shawn Margyniak and Wilmington Chief of Police Michael J.
Szczerba.
3. Plaintiff’s claims against Defendants Governor Ruth Ann
Minner, former Attorney General Carl C. Danberg, and Wilmington .
Mayor James M. Baker, are DISMISSED without prejudice as 2
frivolous and for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and §
191sA(b) (1).
4. The Drug Mugs conspiracy claims against Shawn Margyniak Z
and Michel J. Szczerba and the 42 U.S.C. § 1985 and § 1986 claims

Case 1:07-cv-00125-JJF Document 9 Filed 05/O1/2007 Page 2 of 4
against Margyniak are DISMISSED without prejudice.
5. The court has identified cognizable claims against
Defendants Deputy Attorney General Shawn Margyniak (i.e.,
malicious prosecution), Wilmington Police Chief Michael J.
Szczerba (i.e., unlawful search and seizure, conspiracy), and
police officer David Prado (i.e., excessive force, unlawful
search and seizure, false arrest, conspiracy). Plaintiff is
allowed to PROCEED against these Defendants.
IT IS FURTHER ORDERED that:
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),4(i),
and 4(j), Plaintiff shall complete and return to the Clerk of the
Court original “U.S. Marshal-285" forms for remaining Defendants
Shawn Margyniak, Michael J. Szczerba, and David Prado, the chief
executive officer for the City of Wilmington, Delaware 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 (D.I. 2) and the Amended Complaint (D.I.
7) for service upon remaining Defendants, the chief executive
officer for the City of Wilmington, Delaware and the Delaware
Attorney General. 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 i
the Court. Failure to provide the "U.S. Marshal 285" forms for E
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‘ Case 1:07-cv-00125-JJF Document 9 Filed 05/O1/2007 Page 3 of 4
each remaining Defendant, the chief executive officer for the
City of Wilmington, Delaware, 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 (D.I. 2), Amended Complaint (D.I. 7), this Order, a
"Notice of Lawsuit" form, the filing fee order(s), and a "Return
of Waiver" form upon each of the Defendants 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 with process timely returns a waiver as
requested, is required to answer or otherwise respond to the g
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complaint within sixty (60) days from the date upon which the 1
complaint, this order, the "Notice of Lawsuit" form, and the y
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Case 1:07-cv-00125-JJF Document 9 Filed 05/O1/2007 Page 4 of 4
"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
filed prior to service shall be subject to re—screening pursuant
to 28 U.S.C. §l9l5(e)(2) and § I915A(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. ***
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