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

Case 1:06-cv-00007-JJF Document 14 Filed 03/21/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DALLAS TINGLE, )
Plaintiff, g
v. g Civ. No. 06-07-JJF
DR. ROBERTA BURNS and SUSAN g
SHAPELL, )
Defendants. g
ORDER
WHEREAS, Plaintiff Dallas Tingle, a prisoner incarcerated at
the Sussex Correctional Institute, Georgetown, Delaware, filed a
complaint pursuant to 42 U.S.C. § 1983 (D.I. 2);
WHEREAS, on February 9, 2006, in screening the case, the
Court dismissed without prejudice the claims against Defendants
Dr. Roberta Burns and Susan Shapell and gave Plaintiff leave to
amend the complaint (D.I. 10);
WHEREAS, in accordance with the Court’s instructions
Plaintiff filed a motion to amend the complaint to remove Dr.
Roberta Burns from the complaint and to add Correctional Medical
Services (“CMS") as a defendant (D.I. ll);
WHEREAS, “[a] party may amend the party’s pleading once as a
matter of course at any time before a responsive pleading is
served", Fed. R. Civ. P. 15(a), and to date, a responsive
pleading has not been served;
THEREFORE, at Wilmington this i2J_ day of March, 2006, IT IS
ORDERED that:

Case 1:06-cv-OOOO7—JJF Document 14 Filed O3/21/2006 Page 2 of 4
1. The motion to amend complaint (D.I. 11) is GRANTED and
Correctional Medical Services is added as a Defendant in this
case.
2. Pursuant to the Court’s memorandum order of February 9,
2006, Dr. Roberta Burns and Susan Shapell are DISMISSED WITHOUT
PREJUDICE as defendants in this action
3. The clerk of the court shall cause a copy of this order
to be mailed to Plaintiff.
4. 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 Defendant Correctional
Medical Services, as well as for the Attorney General of the
State of Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE,
19801, pursuant to DEL. C0¤sAmN. tit. 10 § 3103(c). Additionally,
Plaintiff shall provide the Court with a copy of the complaint
(D.I. 2) and the amended complaint (D.I. 11) to be served upon
Correctional Medical Services and the attorney general.
Plaintiff is notified that the United States Marshal will not
serve the complaint and amended complaint until all "U.S. Marshal
285" forms have been received by the Clerk of the Court. Failure
to provide a copy of the complaint, the amended complaint, and
the "U.S. Marshal 285" forms for Correctional Medical Services
and the attorney general within 120 days from the date of this
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Case 1:06-cv-OOOO7—JJF Document 14 Filed O3/21/2006 Page 3 of 4
order may result in the complaint being dismissed or Defendant
being dismissed pursuant to Federal Rule of Civil Procedure 4(m).
5. Upon receipt of the form(s) required by paragraph 4
above, the United States Marshal shall 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
Defendants identified in the 285 forms.
6. 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.
7. 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, 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.
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Case 1:06-cv-OOOO7—JJF Document 14 Filed O3/21/2006 Page 4 of 4
8. 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.
9. 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 § 1915A(a). ***
10. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
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