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

Case 1:06-cv-00072-JJF Document 12 Filed 07/21/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AMBROSE SYKES, )
Plaintiff, g
v. S Civ. N0. 06-72-JJF
>
)
WARDEN THOMAS CARROLL and )
TRACI JOHNSON, ELISABETH )
BURRIS, and DAVID HOLMAN, )
Defendants. g
SUPPLEMENTAL SERVICE ORDER
WHEREAS, Plaintiff filed an amended complaint prior to
service of the original complaint (D.I. Il);
WHEREAS, “[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. I5(a), and to date, a responsive
pleading has not been served;
WHEREAS, the Court has identified cognizable claims within
the meaning of 28 U.S.C. § l9l5A(b) against additional Defendants
Deputy Warden Elizabeth Burris and David HOlman;
NOW THEREFORE, IT IS HEREBY ORDERED this Q3! day of July,
2006 that:
l. 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—2B5” form for additional Defendants Deputy

Case 1:06-cv-00072-JJF Document 12 Filed 07/21/2006 Page 2 of 3
Warden Elizabeth Burris and David Holman. Additionally,
Plaintiff shall provide the Court with copies of the complaint
(D.I. 2), the amended complaint (D.I. 11), and the Court’s April
12, 2006 order (D.I. 7) for service upon the additional
Defendants. Plaintiff is notified that the United States 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 the additional Defendants within
120 days from the date of this order may result in the complaint
and/or amended 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 copies
of D.I. 2, 7, and 11, this order, a "Notice of Lawsuit" form,
the filing fee order(s), and a "Return of Waiver" form upon the
additional Defendants identified in the 285 forms.
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.
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Case 1:06-cv-00072-JJF Document 12 Filed 07/21/2006 Page 3 of 3 I
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. 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 § l9l5A(a). ***
B. 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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