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

A Case 1:06-cv—00046—JJF Document 31-2 Filed 11/16/2006 Page1 of 4
W IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICARDO A. DE LOS SANTOS MORA, :
Plaintiff, E
v. ; Civ. No. 06-46-JJF
MARY JANE BRADY, A. SCOTT DAVIS, ;
and HARRINGTON POLICE DEPARTMENT, :
Defendants. E
SUPPLEMENTAL SERVICE ORDER
WHEREAS, on October 30, 2006, the Court granted Plaintiff's ‘
Motion To Amend The Complaint, and Police Officer A. Scott Davis
and the Harrington Police Department were added as defendants
— (D . I . 3 O) ;
NOW THEREFORE, IT IS HEREBY ORDERED this _lQ_day of
November, 2006 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), 4(i) and (j),
Plaintiff shall complete and return to the Clerk of the Court an
original "U.S. Marshal—285" form for newly added Defendants A.
Scott Davis and the Harrington Police Department, as well as for
the Chief Executive Officer for the City of Harrington, Delaware.
Additionally, Plaintiff shall provide the Court with one copy of
the Complaint (D.I. 2) and the Amended Complaints (D.I. 10, 11,

Case 1:06-cv—00046—JJF Document 31-2 Filed 11/16/2006 Page 2 of 4
27), for service upon the newly added Defendants and the Chief
Executive Officer for the City of Harrington. Plaintiff is
notified that the United States Marshal will not serve the
Complaint and Amended Complaints 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 newly added
Defendants and the Chief Executive Officer for the City of
Harrington within 120 days from the date of this Order may result i
in the Complaint being dismissed or Defendants being dismissed I
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 (D.I. 2), the Amended Complaints (D.I. 10, 11, 27),
the Court’s Orders dated April 12, 2006 and October 30, 2006
(D.I. 12, 30), this Order, a "Notice of Lawsuit" form, the filing
A fee order(s), and a "Return of Waiver" form upon the newly added
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
U Defendant(s) shall be required to bear the cost related to such
service, unless good cause is shown for failure to sign and i

Case 1i06ecv—00046—JJF Document 31-2 Filed 11/16/2006 Page 3 of 4
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
"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 4
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. The Clerk of the Court is instructed
not to accept any such document unless accompanied by proof of
service.
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). ***
8. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
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Case 1:06-cv—00046—JJF D0cument31—2 Filed 11/16/2006 Page40f4
prejudice, with leave to xefile following service. ***
I ED TA` S DISTRICT GE
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