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

Case 1:07-cv—00070-SLR Document 10 Filed 06/06/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PATRICIA A. SIMPSON, )
Plaintiff, g
v. g Civil Action No. 07-070-SLR
CMS, g
Defendant. g
SERVICE ORDER
At Wilmington this _.§l•—_ day of June, 2007, plaintiff having satisfied the tiling
prerequisites of 28 U.S.C. § 1915A; and the court having identified a cognizable
medical needs claim against CMS 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. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall provide original
"U.S. Marshal—285" forms for remaining defendant CMS, as well as for the Attorney
General ofthe State of Delaware, 820 N. FRENCH STREET, WILMINGTON,
DELAWARE, 19801, pursuant to DEL. Coos Aiviv. tit. 10 § 3103(c). Plaintiff shall also
provide the court with copies of the complaint (D.I. 2) for service upon CMS and
the attorney general.
3. Upon receipt of the form(s) required by paragraph 2 above, the United States
Marshal shall forthwith serve a copy ofthe complaint (D.l. 2), the April 24, 2007 order
(D.l. 9), this order, a "Notice of Lawsuit" form, the filing fee order(s), and a "Return of

Case 1:07-cv—00070-SLR Document 10 Filed 06/06/2007 Page 2 of 3
Waiver" form upon the defendant(s) so identified in each 285 form.
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, 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. 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.
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
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prior to service will be dismissed without prejudice, with leave to reiile following service.
UNITED STAT& DISTRICT JUDGE
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