Free Order (PLRA) Service Order (285's in) - District Court of Delaware - Delaware

Case 1:06-cv-00019-SLR Document 13 Filed 05/O9/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN ROBERTSON, )
Plaintiff, g
v. g Civ. No. 06-19-KAJ
CORRECTIONAL MEDICAL g
SYSTEIVIS, )
Defendant. ;
ORDER
WHEREAS, plaintiff, John Robertson, filed an amended complaint pursuant to
42 U.S.C. § 1983, after the original complaint and USM—285 forms were forwarded to
the U.S. Marshal for service;
WHEREAS, the amended complaint does not add new parties, and pursuant to
Fed.R.Civ.P. 15(a), a party may move to amend the party’s pleading once as a matter
of course before a responsive pleading is sen/ed;
WHEREAS, to date service has not begeffected;
THEREFORE, at Wilmington this day of May, 2006, IT IS ORDERED that:
1. The Clerk of the Court shall cause a copy of this order to be mailed to
plaintiff.
2. The Clerk of the Court shall forward to the U.S. Marshal a copy of the
amended complaint (D.l. 12) and a USM-285 form for Correctional Medical Systems.
3. The United States Marshal shall forthwith serve a copy of the amended
complaint, this order, a "Notice of Lawsuit" form, the filing fee order(s), and a "Return of
Waiver" form upon the Correctional Medical Systems as identified in the 285 form.

Case 1:06-cv-00019-SLR Document 13 Filed 05/O9/2006 Page 2 of 2
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.
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. 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.
A 7 .
Q.
U ITED STAT I RIC JUDVCLS
2