Free Order (PLRA) Service Order (285's in) - District Court of Delaware - Delaware

Case 1:04-cv-01367-G|\/IS Document 17 Filed 04/28/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JULIAN A. MILLER, )
Plaintiff, g
v. i Civ. No. 04-1367-KAJ
STANLEY TAYLOR, THOMAS g
CARROLL, DR. ALIE, and )
RN IHOMA, )
Defendants. i
ORDER
WHEREAS, the plaintiff, Julian Miller, SBI #393626 is a
prisoner incarcerated at the Delaware Correctional Center in
Smyrna, Delaware, and plaintiff filed a complaint under 42 U.S.C.
§ 1983, along with an application to proceed ig fgrma pauperis
pursuant to 28 U.S.C. § 1915;
WHEREAS, on January 19, 2005, this court issued a
service order requiring the United States Marshal ("USM") to
serve the complaint (D.I. 2), the memorandum in support of the
complaint (D.I. 3), the amended complaint (D.I. 8) and the
affidavit (D.I. 11) upon receipt of USM 285 forms for each
defendant (D.I. 12);
WHEREAS, on March 7, 2005, the plaintiff filed a letter
which the Court construes as a Motion for Leave to Amend the
Complaint, requesting leave to replace plaintiff's hand written
complaint and supporting documents with one type written amended

Case 1:04-cv-01367-G|\/IS D0cument17 Filed 04/28/2005 Page20f4
complaint (D.I. 13):
WHEREAS, the plaintiff included the typewritten amended
complaint with his motion (D.I. 15); gy
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THEREFORE, at Wilmington this day of , J ,
2005, IT IS ORDERED that:
1. The plaintiff's letter Motion for Leave Amend the
Complaint (D.I. 14) is GRANTED.
2. The Clerk of the Court shall cause a copy of this
order to be mailed to the plaintiff.
3. This order shall supercede the court’s order dated
January 19, 2005.
4. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the
plaintiff has completed and returned 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. Cm :ANN.
tit. 10 § 3l03(c). Additionally, the plaintiff has provided the
Court with one copy of the complaint for each defendant.
5. Upon receipt of the form(s) required by paragraph 5
above, the United States Marshal shall forthwith serve a copy of
the amended complaint (D.I. 15), 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.
6. Within thirty (30) days from the date that the
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Case1:04—cv-01367-GMS D0cument17 Filed 04/28/2005 Page30f4
"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, 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.
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. The clerk is instructed not
to accept any such document unless accompanied by proof of
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