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

Case 1 :06-cv-00053-JJF Document 24 Filed 03/17/2006 Page 1
I IN THE UNITED STATES DISTRICT COURT 2-;;-il Jilin: I? 5;:1% H: [3
FOR THE DISTRICT OF DELAWARE
JAMES A. WILSON, etal., )
Plaintiffs, g
v. g Civ. N0. 06-53-KAJ
HELEN LOHMAN, SCOTT g
MORGAN, TOM CARVAN, JAY )
PLUMMER, and JOE FIELDS, )
Defendants. g
ORDER
At Wilmington this 17th day of March, 2006, the Court having identified what
appears to be a cognizable claim within the meaning of 28 U.S.C. § 1915A(b);
I'l' IS ORDERED that:
1. The Clerk of the Court shall cause a copy ofthis order to be mailed to the
plaintiffs.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiffs shall complete
and return to the Clerk of the Court an original "U.S. MarshaI—285" form for each
defendant, 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). The plaintiffs have provided the Court with one copy of the
complaint for service upon each defendant. The plaintiffs are 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 each defendant and the attorney general within 120 days

Case 1:06-cv-00053-JJF Document 24 Filed O3/17/2006 Page 2 of 3
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 ofthe form(s) required by paragraph 2 above, the United
States Marshal shall forthwith serve a copy ofthe complaint, this order, a "Notice of
Lawsuit" form, the filing fee order(s), and a "Return of Waiver" form upon each ofthe
defendants so identified in each 285 form.
4. V\Hthin 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
senie 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.
5. Pursuant to Fed. R. Civ. P. 4(d)(3), a defendant who, before being sented
with process timely returns a waiver as requested, is required to answer or othenivise
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. lf 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
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Case 1:06-cv-00053-JJF Document 24 Filed O3/17/2006 Page 3 of 3
will VACATE all previous Service Orders entered, and service will not take place. An
amended complaint tiled prior to service shall be subject to re~screening pursuant to 28
U.S.C. §19‘l5(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 retile following service.
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U ,lT D ST 'DISTRICUJUDGE
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