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

Case 1:06-cv-00072-JJF Document 7 Filed O4/12/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Amsnoss syxss, )
Plaintiff, g
v. Q Civ. No. 06-72-JJF
)
)
WARDEN THOMAS CARROLL and )
TRACI JOHNSON, )
Defendants. g

At Wilmington this RQ day of April, 2006, 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. § 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 complete and return to the Clerk of the Court an
original "U.S. Marshal—285" form for each defendant (Thomas
Carroll and Traci Johnson), as well as for the Attorney General
of the State of Delaware, 820 N. FRENCH STREET, WILMINGTON,
DELAWARE, 19801, pursuant to DEL. COMZANN. tit. 10 § 3103(c).
Additionally, Plaintiff has provided the Court with one copy of
the complaint (D.I. 2) for service upon each defendant and the
Attorney General. Plaintiff is notified that the United States

Case 1:06-cv-OOO72-JJF Document 7 Filed 04/12/2006 Page 2 of 3
Marshal will not serve the complaint 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, this order, a "Notice of Lawsuit" form, the filing
fee order(s), and a "Return of Waiver" form upon each of
Defendants 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 1:06-cv-OOO72-JJF Document 7 Filed O4/12/2006 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. §l9l5 (e) (2) and § 1915A(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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