Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:06-cv-00011-SLR Document 31 Filed O4/25/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LEONARD K. BAYLIS, )
Plaintiff, g
v. g Civ. No. 06—11-SLR
STANLEY TAYLOR, CHRIS MALANEY,g
DR. ANTHONY CANNOLI, BRUCE )
DOE, and JANE DOE, )
Defendants. g
ORDER
At Wilmington thiscjft day of April, 2006, plaintiff having
satisfied the filing prerequisites of 28 U.S.C. § 1915A; and the
court having identified cognizable claims within the meaning of
28 U.S.C. § I9I5A(b);
IT IS ORDERED that:
1. The clerk of the court shall cause a copy of this order
to be mailed to plaintiff.
2. The letter/motion to amend the caption of the complaint
(D.I. 29) is GRANTED.
3. Plaintiff has identified the Bruce Doe/Jane Doe
defendants as Charles Benton, psychologist or assistant, and
Georgiana Meekens, dental supervisor or nurse.
IT IS FURTHER ORDERED that;
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
plaintiff has provided to the clerk of the court an original
“U.S. Marshal—285" form for the newly identified defendants,

Case 1 :06-cv—O0O1 1-SLR Document 31 Filed O4/25/2006 Page 2 of 3
Charles Benton and Georgiana Meekens. Plaintiff has also provided
the court with one copy of the amended complaint (D.I. 25) for
service upon the newly identified defendants.
2. The United States Marshal shall forthwith serve a copy
of the amended complaint (D.I. 25), this order, a "Notice of
Lawsuit" form, the filing fee order(s), and a "Return of Waiver"
form upon each of the defendants so identified in each 285 form.
3. 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.
4. 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
amended complaint within sixty (60) days from the date upon which
the amended 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.
2

Case 1 :06-cv—O0O1 1-SLR Document 31 Filed O4/25/2006 Page 3 of 3
5. 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.
6. 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. §1915(e)(2) and § 1915A(a). ***
7. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***

3