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

Case 1:07-cv-00025-JJF Document 10 Filed 05/01/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD F. BASS, :
Plaintiff, :
v. : Civ. Action No. O7—25—JJF
THOMAS CARROLL, PIERCER, :
BETTY BURRIS, SECURITY CHIEF :
DAVID HOLMAN, CAPT. BURTON, :
LT. RIDER, LT. WELCOME, :
LT. PROFACI, IGC CPL. LISE :
MERSON, SGT. CARTER, :
SGT. GLICK, C/O DEBBIE SCOTT, :
c/o JoRDAN, c/0 cAv1N, c/o ;
PASSLEY, C/O WHITE, and C/O :
CANON, :
Defendants. :
ORDER
NOW THEREFORE, at Wilmington this / day of May, 2007, IT IS
HEREBY ORDERED that:
1. The Clerk of the Court shall cause a copy of this order
to be mailed to Plaintiff.
2. The Motion For A Temporary Restraining Order And
Preliminary Injunction (D.I. 2) is DENIED.
3. Plaintiff’s claims against Defendants Thomas Carroll,
Piercer, Betty Burris, Security Chief David Holman, Capt. Burton,
Lt. Rider, Lt. Welcome, Lt. Profaci, IGC Cpl. Lise Merson, Sgt.
Carter, Sgt. Glick, C/O Debbie Scott, C/O Gavin, C/O Passley, C/O l
White, and C/O Canon are DISMISSED without prejudice as frivolous
pursuant to 28 U.S.C. § I9I5(e)(2)(B) and § I9I5A(b)(I).
4. The Court has identified a cognizable Eighth Amendment g
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Case 1:07-cv-00025-JJF Document 10 Filed 05/01/2007 Page 2 of 3
claim against Defendant C/O Jordan. Plaintiff is allowed to
PROCEED against this Defendant.
IT IS FURTHER ORDERED that:
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff shall provide the Court with original "U.S. Marshal-
285" forms for remaining Defendant C/O Jordan 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 has provided the Court with copies of the
complaint (D.I. 2) for service upon the remaining Defendant and
the Attorney General.
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.1. 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. j
3. Within thirty (30) days from the date that the "Notice I
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. [
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Case 1:07-cv-00025-JJF Document 10 Filed 05/01/2007 Page 3 of 3
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
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.
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. §1915(e)(2) and § 1915A(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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