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

Case 1:04-cv—O1250—SLR Document 6 Filed O4/25/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ERNEST L. BROOKINS, )
Plaintiff, g
v. g Civ. N0. 04-1250-SLR
WARDEN RAPHAEL WILLIAMS, g
Defendant. g
O R D E R
At Wilmington this ¢l5$~ day of April, 2005, the
plaintiff having satisfied the filing prerequisites of 28 U.S.C.
§ 1915A; and the Court having determined that the complaint is
not frivolous within the meaning of 28 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. Marshall 285" form for the Attorney General of
the State of Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE
19801, pursuant to DEL. Cm :ANN. tit. 10 5 3l03(c).‘
Additionally, the plaintiff shall provide the Court with two
1 The court notes that plaintiff has already submitted an
original U.S. Marshall—285 form for Warden Raphael Williams, the
only defendant named in plaintiff’s complaint.

Case 1:04-cv—O1250—SLR Document 6 Filed O4/25/2005 Page 2 of 3
additional copies of the complaint for service upon the
defendants. Furthermore, the plaintiff is notified that the
United States Marshal will not serve the 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“ form for the
attorney general within 120 days of this order may result in the
complaint being dismissed or defendants being dismissed pursuant
to Federal Rule of Civil Procedure 4(m).
3. Upon receipt of the form required by paragraph 2
above, the United States Marshal shall forthwith serve a copy of
the complaint, this order, a “Notice of Lawsuit" form, the filing
fee order, and a “Return of Waiver" form upon each of the
defendants so identified in each 285 form.
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 pursuant to Fed. R. Civ. P.
4(c)(2) and said defendant 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
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Case 1:04-cv—O1250—SLR Document 6 Filed O4/25/2005 Page 3 of 3
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.
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. The clerk is instructed not
to accept any such document unless accompanied by proof of
service.
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