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

Case 1:07-cv-00015-JJF Document 11 Filed O4/23/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OP DELAWARE
WILLIAM FRANCIS, JR., z
Plaintiff, ;
v. ; Civ. Action No. 07-015-JJF
WARDEN THOMAS CARROLL, E
CORRECTIONAL MEDICAL :
SERVICES, STAN TAYLOR, and z
JOYCE TALLEY, :
Defendants. E
EEE
At Wilmington this jgglday of April, 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. § I9I5A(b};
IT IS ORDERED that:
1. The Clerk of the Court shall cause a copy of this Order
to be mailed to Plaintiff.
2. Prior to service, Plaintiff filed a Motion To Amend
Complaint (D.I. 9.) “A party may amend the party’s pleading once
as a matter of course at any time before a responsive pleading is
served.” Fed. R. Civ. P. 15(a). Therefore, the Court construes
the Motion To Amend Complaint as an Amended Complaint.
3. The original Complaint refers to Correctional Medical
Service (“CMS”) as the healthcare provider at the Delaware
Correctional Center (“DCC”). The Amended Complaint amends
Defendant CMS to reflect that its regional office in Dover,

Case 1:07-cv-00015-JJF Document 11 Filed O4/23/2007 Page 2 of 4
Delaware, is a subsidiary and representative of CMS, and that its
office in St. Louis, Missouri, is the exclusive health services
provider for DCC. Plaintiff lists each CMS location as a
separate Defendant. Plaintiff may advance several theories
against CMS, but it is not necessary to name CMS as a Defendant
for each theory. The Amended Complaint also adds as Defendants
former Commissioner for the Delaware Department of Correction
Stan Taylor and Joyce Talley.
IT IS FURTHER ORDERED that:
1, Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff shall complete and return to the Clerk of the Court
original "U.S. Marshal—285" forms for Defendants Warden Thomas
Carroll, Correctional Medical Services, Stan Taylor, and Joyce
Talley, as well as for the Attorney General of the State of
Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801,
pursuant to DEL. Comzpmn. tit. 10 § 3103(c). Additionally,
Plaintiff shall provide the Court with copies of the Complaint
(D.I. 2) and the Amended Complaint (D.I. 9), for service upon the
Defendants and the Attorney General. Plaintiff is notified that
the United States Marshal will not serve the Complaint and other
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
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Case 1:07-cv-00015-JJF Document 11 Filed O4/23/2007 Page 3 of 4
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. 9), 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
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.
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
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Case 1:07-cv-00015-JJF Document 11 Filed O4/23/2007 Page4of4
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 § l9l5A(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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S T S DISTRICT J EI
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