Free Memorandum and Order - District Court of Delaware - Delaware

Case 1 :06-cv-00017-GIVIS Document 7-2 Filed 05/16/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAY. M. RINGGOLD, SR., )
Plaintiff, g
v. g Civ. No. 06-17-GMS
WILMINGTON POLICE DEPARTMENT, l
OFFICER THOMAS CURLEY, and )
and OFFICER NELIDA VEGA, )
Defendants. g
{L1 ORDER
At Wilmington this L day of May, 2006, for the reasons set forth in the Memorandum
issued this date,
1. The claims against the defendant Wilmington Police Department are
DISMISSED without prejudice pursuant to 28 U.S.C. § 19l5(e)(2)(B) and § 1915A(b)(1) on the
bases of municipal immunity and failure to state a claim upon which relief may be granted.
2. The court has identified a cognizable excessive force claim within the meaning of
28 U.S.C. § 1915 and § 1915A(b) against defendants Officer Thomas Curley and Officer Nelida
Vega. Plaintiff is allowed to proceed with the claim.
IT IS FURTHER ORDERED 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) and (d)(2), Ringgold shall complete and return
to the clerk of the court an original "U.S. Marshal-285" form for the remaining defendants
Officer Thomas Curley and Officer Nelida Vega, as well as for the Chief Executive Officer
for the City of Wilmington. Ringgold has provided the court with one copy of the complaint

Case 1:06-cv-00017-GI\/IS Document 7-2 Filed 05/16/2006 Page 2 of 3
(D.I. 2) for service upon each remaining defendant. Ringgold is 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
remaining defendant and the chief executive officer for the City of Wilmington within 120
days 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 completed "U.S. Marshal 285" forrn(s) as required by
paragraph 2 above, the United States Marshal shall serve a copy of the complaint (D.I. 2), this
order, a "Notice of Lawsuit" form, the filing fee order(s), and a "Return of Waiver" form upon
the defendant(s) 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 F ed. R. Civ. P. 4(c)(2) and said defendant(s) shall be required to bear the cost related
to such service, Lmless 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 retums 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" fonn, 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
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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 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 prejudice, with leave to refile following service. ***
UNI STATES DISTE CT JUDGE
May lk , 2006
Wilmington, Delaware
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