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

Case 1 :06-cv-OOOO1-GIVIS Document 6 Filed O3/O9/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES W. RILEY, )
Plaintiff, l
v. g Civ. N0. 06-01-GMS
STANLEY TAYLOR, THOMAS g
CARROLL, DAVID PIERCE, )
AMY MUNSON, MEDICAL )
ASSISTANT MALANEY, )
CORRECTIONAL MEDICAL )
SYSTEMS, and FIRST )
CORRECTIONAL MEDICAL, )
Defendants. i
O R D E R
At Wilmington this if-(cilay of March, 2006, the plaintiff having satisfied the filing
prerequisites of 28 U.S.C. § 1915A; and the court having identified cognizable claims within the
meaning of28 U.S.C. § l915A(b);
IT IS 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), the plaintiff shall complete and
return to the clerk of the court an original "U.S. Marshal-285" form for each defendant as well
as for the Attorney General of the State of Delaware, 820 N. FRENCH STREET,
WILMINGTON, DELAWARE, 19801, pursuant to DEL. CODE ANN. tit. 10 §3103(C). The
plaintiff has provided the court with one copy of the complaint (D.I. 2) for service upon
each defendant and the attorney general. The plaintiff is notified that the United States
Marshal will not serve the complaint until all "U.S. Marshal 285" forms have been

Case 1:O6—cv—OOOO1-G|\/IS Document 6 Filed O3/O9/2006 Page 2 of 3
received by the clerk of the court. Failure to provide the "U.S. Marshal 285" forms for the
defendant(s) and the attorney general within 120 days from the date of this order may
result in the complaint being dismissed or defendant(s) being dismissed pursuant to
Federal Rule of Civil Procedure 4(rn).
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), 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 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.
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 comp_laint, 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.
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Case 1:O6—cv—OOOO1-Gl\/IS Document 6 Filed O3/O9/2006 Page 3 of 3
7. NOTE: *** When an amended complaint is tiled 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. §l9l 5(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 retile following service. ***
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