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

Case 1:04-cv-00921-SLR Document 26 Filed 11/O3/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VURNIS L. GILLIS, )
I
Plaintiff, )
I
v. )
) Civil Action No. 04-921-KAJ
STAN TAYLOR, PAUL HOWARD, )
THOMAS CARROLL, ELIZABETH )
BURRIS, LAWRENCE McGUlGEN, )
CHARLES CUNNINGHAM, NFN )
HOLMAN, EMILY STEVENSON, NMN )
PORTER, MERISSA McFADDEN, )
JOESEPH HODSON, NMN WEISS, NMN )
KHO, NMN ROBINSON, MARTHA )
BOSTON, RICHARD SADOWSKI, )
KEVIN HOFFECKER, DIANNE )
STACHOWSKI, JIM SIMMS, NMN )
FEMME, NMN GWEN, CHAVON )
DOTTINS, IGC LISE MERSON, JOHN )
DOE THREE, MIKE LITTLE, ED )
JOHNSON, NLN MARIA, TIMOTHY )
MARTIN, BRIAN ENGRAMS, OSMAR )
SAMANDER, JOHN DOE FOUR, JOHN )
DOE SIX, JOHN DOE SEVEN, BRENDA )
HOLWERDA, NMN RAMON, JOHN DOE )
FIVE, )
I
Defendants. )
ORDER
At Wilmington, this 3rd day of November, 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. § 1915A(b);
IT IS ORDERED that:
1. The Clerk of the Court shall cause a copy of this order to be mailed to
plaintiff.

Case 1:04-cv-00921-SLR Document 26 Filed 11/O3/2005 Page 2 of 3
2. Pursuant to Federal Rule 0f Civil Procedure 4(c)(2) and (d)(2), the plaintiff
shall complete and return to the Clerk ofthe 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). Additionally, the plaintiff shall provide the court with one copy of the
complaint for service upon each defendant. 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" forms for each defendant and 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).
g 3. Upon receipt ofthe form(s) 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(s), and a "return of Waiver" form upon each ofthe
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(s) pursuant to Federal Rule of Civil Procedure 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.
2

Case 1:04-cv-00921-SLR Document 26 Filed 11/O3/2005 Page 3 of 3
5. Pursuant to Federal Rule of Civil Procedure 4(d)(3), a defendant who,
before being served with process timely returns a waiver as requested, is required to
answer or otherwise response 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
VVaivei”’ form are sent. lf a defendant response by way ofa 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.
ifi S7 II, _
UNITED STATES DISTRICT JUDGE
I 3