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

Case 1:06-cv—O0O11-SLR Document 26 Filed O4/O3/2006 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LEONARD K. BAYLIS, )
Plaintiff, )
v. ) Civ. No. 06-11-SLR
STANLEY TAYLOR, CHRIS MALANEY,)
DR. ANTHONY CANNOLI, BRUCE )
DOE, and JANE DOE, )
Defendants. )
ORDER
At Wilmington thiscigt day of March, 2006, plaintiff having
satisfied the filing prerequisites of 28 U.S.C. 5 1915A; and the
court having identified cognizable claims within the meaning of
28 U.S.C. § 19I5A(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 for appointment of counsel (D.I. 24)
is DENIED WITHOUT PREJUDICE for the reasons set forth in the
court’s memorandum order dated February 24, 2006. (D.I. 23)
3. Plaintiff's amended complaint is brought against Stan
Taylor, Chris Malaney, Dr. Anthony Cannoli, Bruce Doe and Jane
Doe.
4. Defendant Thomas Carroll was named as a defendant in
the original complaint(D.I. 2), but is not named as a defendant
in the amended complaint. (D I. 25) The amended complaint

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contains no allegations against Thomas Carroll, and therefore, he
is DISMISSED WITHOUT PREJUDICE as a defendant.
5. Plaintiff shall immediately move the court for an order
directing amendment of the caption and service of the amended
complaint upon learning the identification of the Bruce Doe/Jane
Doe defendants.
6. The matter will proceed on the amended complaint.
(D.I. 25)
IT IS FURTHER ORDERED that:
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
plaintiff shall complete and return to the clerk of the court an
original “U.S. Marshal-285" form for defendants (i.e. Stan
Taylor, Chris Malaney, and Dr. Anthony Cannoli), as well as for
the Attorney General of the State of Delaware, 820 N. FRENCH
STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL. Cmm Amm
tit. 10 § 3103(c). Plaintiff has provided the court with one
copy of the amended complaint (D.I. 25) for service upon each
defendant. Plaintiff is notified that the United States Marshal
will not serve the amended 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 defendant and the
attorney general within 120 days of this order may result in the
amended complaint being dismissed or defendants being dismissed
pursuant to Federal Rule of Civil Procedure 4(m).
2. Upon receipt of the form(s) required by paragraph 1

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above, 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.
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.

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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. §l9l5(e)(2) and § 19I5A(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. ***

UNITED STAT s DISTRICT JUDGE