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

Case 1:06-cv-00018-JJF Document 31 Filed 10/24/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
H. LEIGHTON LASKEY, :
Plaintiff, Z
v. E Civil Action No. 06-018-JJF
PFC WHEATLEY, et al., ;
Defendants. ;
SUPPLEM NTAL SERVICE ORDER
WHEREAS, on July 13, 2006, the Court granted Plaintiff’s
Motions to Amend the complaint (D.I. 24);
WHEREAS, Plaintiff timely filed two separate Amended
Complaints and they add as defendants the Millsboro Police
Department and the Town of Millsboro (D.I. 25, 26);
NOW THEREFORE, IT IS HEREBY ORDERED this §§i_day of October,
2006 that:
1. The Clerk of the Court shall cause a copy of this Order
to be mailed to the 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 the
Millsboro Police Department and the Town of Millsboro, as well as
for the Chief Executive Officer for the City of Millsboro,
Delaware. Additionally, Plaintiff shall provide the Court with
one copy of the Complaint (D.I. 2) and the Amended Complaints
(D.I. 25, 26), for service upon the newly added Defendants and

Case 1:06-cv-00018-JJF Document 31 Filed 10/24/2006 Page 2 014
the Chief Executive Officer for the City of Millsboro. 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
Millsboro 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).
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. 25, 26), the
Court’s Order dated February 9, 2006 (D.I. 6), this Order, a
"Notice of Lawsuit" form, the filing 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
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-00018-JJF Document 3i Filled 10/24/2006 Page 3 of 4
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. 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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Case1:O6-cv-OOO18-JJF D0cument31 FiIed10/24/2006 Page40f4
prejudice, with leave to refile following service. ***
UNQ D S A` S DISTRICT GE
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