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

Case 1:06-cv-00046-JJF Document 12 Filed O4/12/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICARDO A. DE LOS SANTOS MORA,)
Plaintiff, )
v. ) Civ. No. 06-46-JJF
DOVER, DELAWARE POLICE )
DEPARTMENT, ATTORNEY GENERAL )
MARY JANE BRADY, AND DOVER )
CHIEF OF POLICE JEFFREY )
HOBARTH (Horvath), )
Defendants. )
EPB
WHEREAS, Plaintiff Ricardo A. De Los Santos Mora, an inmate
at FCI Petersburg Medium, Petersburg, Virginia, filed this action
pursuant to the Alien Tort Claims Act, 28 U.S.C. S 1350 (D.I. 2);
WHEREAS, on March 15, 2006, in screening the case, the Court
dismissed without prejudice the complaint and gave Plaintiff
leave to amend the complaint to identify the proper Defendants
(D.I. 9);
WHEREAS, in accordance with the Court's instructions,
Plaintiff filed an amendment identifying as Defendants the City
of Dover Police Department, Delaware Attorney General Mary Jane
Brady, and Dover Chief of Police Jeffrey Hobarthh
WHEREAS, Plaintiff clarified that the U.S. Attorney is not a
defendant in this action;
THEREFORE, at Wilmington this ;é%#%•ay _ l of April, 2006, IT IS
1Plaintiff misspells the last name. The correct spelling is “Horvath.”

Case 1:06-cv-00046-JJF Document 12 Filed O4/12/2006 Page 2 of 4
ORDERED that:
1. Defendants in this case as identified by Plaintiff are:
the City of Dover Police Department, Delaware Attorney General
Mary Jane Brady, and Dover Chief of Police Jeffrey Horvath,
incorrectly named as “Hobarth.”
2. The clerk of the court shall cause a copy of this order
to be mailed to Plaintiff.
3. Pursuant to Fed. R. Civ. P. 4(c)(2), (d)(2), and
(j)(2), Plaintiff shall complete and return to the Clerk of the
Court an original “U.S. Marshal—285“ form for the each Defendant,
as well as for the Chief Executive Officer for the City of Dover,
Delaware. Additionally, Plaintiff shall provide the Court with a
copy of the complaint (D.I. 2) and the two amendments (D.I. 10,
11) to be served upon Defendants and the Chief Executive Officer
for the City of Dover, Delaware. Plaintiff is notified that the
United States Marshal will not serve the complaint and the two
amendments until all “U.S. Marshal 285" forms have been received
by the Clerk of the Court. Failure to provide a copy of the
complaint, the two amendments, and the "U.S. Marshal 285" forms
for Defendants and the Chief Executive Officer for the City of
Dover, Delaware 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).
4. Upon receipt of the form(s) required by paragraph 3
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Case 1:06-cv-00046-JJF Document 12 Filed O4/12/2006 Page 3 of 4
above, the United States Marshal shall serve a copy of the
complaint, the amendment, this order, a "Notice of Lawsuit" form,
the filing fee order(s), and a "Return of Waiver" form upon the
Defendants identified in the 285 forms.
5. 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.
6. 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, the amendment, 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.
7. 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
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Case 1:06-cv-00046-JJF Document 12 Filed O4/12/2006 Page 4 of 4
upon the parties or their counsel.
8. 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). ***
9. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
§§§§§§
KJ‘• " ATE DISTRICT’ =‘ - IGE
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