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

Case 1 :05-cv-00013-GIVIS Document 37 Filed 07/28/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JIMMIE LEWIS, )
)
Plaintiff, )
) CONSOLIDATED
v. ) Civ. No. 05-013-GMS
) Civ. No. 05-05l-GMS
WARDEN RAFAEL WILLIAMS, ) Civ. N0. 05-052-GMS
et al., )
)
Defendants. )
ORDER
,g‘\
At Wilmington this fig day of , 2006.
On December 20, 2005, the court entered an order providing for service. (D.I. 23.) The
plaintiff, Jimmie Lewis ("Lewis"), filed this consolidated case against a large number of
defendants, and unfortunately, the December 20, 2005 order omitted reference to the defendant
Capt. Jefferson (“Jefferson"). Lewis has alleged what appears to be a viable claim against
Jefferson. Therefore, he is allowed to proceeded against Jefferson.
In the same December 20, 2005 order, Lewis was ordered to provide the court with copies
of the complaint (D.I. 2), the amended complaint (D.I. 8), and the second amended complaint
(D.I. 18) for service upon the defendants. (D.I. 23.) Lewis recently submitted to the clerl<’s
office documents so that service may be effected. In reviewing the materials forwarded by
Lewis, it has come to the court’s attention that Lewis did not provide complete copies of the
amended complaint (D.I. 8) and the second amended complaint (D.I. 18) for service upon the
defendants. Service will not take place until complete copies of the amended complaint and

Case 1:05-cv—00013-Gl\/IS Document 37 Filed 07/28/2006 Page 2 of 3
second amended complaint are received from Lewis.
IT IS THEREFORE ORDERED that:
l. 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
retum to the Clerk of the Court an original "U.S. Marshal-285" form for defendant Capt.
Jefferson.
3. The clerk of the court shall provide Lewis with a complete copy of the amended
complaint (D.I. 8) and the second amended complaint (D.I. l8).
4. Within 30 days from the date of this order, Lewis shall provide the court with
complete copy of the amended complaint (D.I. 8) and the second amended complaint (D.I. 18)
for sewice upon each defendant as provided for in the service order dated December 20, 2005, as
well as for Capt. Jefferson and the Attomey General of the State of Delaware. (i.e., 62 copies)
The plaintiff is notified that the United States Marshal will not serve the complaint, the
amended complaint and the second amended complaint until the "U.S. Marshal 285" form
for Capt. Jefferson and the required number of complete copies of the amended complaint
and second amended complaint have been received by the clerk of the court. Failure to
provide the required documents within the time specified may result in the complaint being
dismissed or defendant(s) being dismissed pursuant to Federal Rule of Civil Procedure
4(m).
5. The clerk of the court shall retain the appropriate service documents previously
received from Lewis for submission to the U.S. Marshal Service upon receipt ofthe required
-2-

Case 1:05-cv—00013-Gl\/IS Document 37 Filed 07/28/2006 Page 3 of 3
numbers ofthe complete amended complaint and second amended complaint.
UNI WED S DiSTéléT IUDG;
-3-