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

Case 1:07-cv-OOO41-JJF Document 6 Filed 05/O1/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VERLIN ALEXANDER, :
Plaintiff, ;
v. ; Civ. Action No. O7—4l—JJF
GOVERNOR RUTH ANN MINNER and ;
ATTORNEY GENERAL CARL DANBERG,:
Defendants. 5
Q.R.QE.E·
At Wilmington this _;_ day of May, 2007, Plaintiff having
satisfied the filing prerequisites of 28 U.S.C. § 1915A and the
Court having identified cognizable claims within the meaning of
28 U.S.C. § l9l5A(b);
IT IS ORDERED that:
I. 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 complete and return to the Clerk of the Court an
original “U.S. Marshal—285" form for Defendants, as well as for
the Attorney General of the State of Delaware, 820 N. FRENCH
STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL. Cmm:ANN. l
tit. 10 § 3lO3(C). Additionally, Plaintiff shall provide the
Court with copies of the Complaint (D.I. 2) for service upon
Defendants and the Attorney General. Plaintiff is notified that ,
the United States Marshal will not serve the Complaint and other 5
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Case 1:07-cv-OOO41-JJF Document 6 Filed 05/O1/2007 Page 2 of 3
referenced filings 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 each Defendant 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 (D.I. 2), this Order, a "Notice of Lawsuit" form,
the filing fee order(s), and a "Return of 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
Defendants pursuant to Fed. R. Civ. P. 4(c)(2) and said
Defendants 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
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Case 1:07-cv-OOO41-JJF Document 6 Filed 05/O1/2007 Page 3 of 3
"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 § 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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UNE%ED STQTEQDDISTRICT JUDGQ
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