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

Case 1:08-cv-00196-JJF Document 8 Filed 07/01/2008 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RONALD G. JOHNSON, :
Plaintiff, ;
v. E Civil Action No. 08—I96—JJF
OFFICER BINGNEAR, SUPERVISOR E
OFFICER RUBEN MARTINEZ, :
OFFICER DEBORAH PROVENZA, :
STATE OF DELAWARE, and NEW :
CASTLE COUNTY POLICE :
DEPARTMENT, :
Defendants. ;
QQEB
NOW THEREFORE, at Wilmington this I day of July, 2008, IT
IS HEREBY ORDERED that:
I. The Clerk of the Court shall cause a copy of this Order
to be mailed to Plaintiff.
2. Plaintiff’s claim against Defendant State of Delaware is
DISMISSED pursuant to 28 U.S.C. § l9I5(e)(2)(B) and §
I9I5A(b)(I), and it is DISMISSED as a Defendant in the case.
3. The Court has identified what appear to be cognizable
claims within the meaning of 28 U.S.C. § l9I5A(b) against
Defendants Officer Bingnear, Supervisor Officer Ruben Martinez,
Officer Deborah Provenza, and the New Castle County Police
Department. Plaintiff is allowed to PROCEED against these
Defendants.
IT IS FURTHER ORDERED that:
I. Pursuant to Fed. R. Civ. P. 4(c)(2), 4(I), and 4(j),

Case 1:08-cv-00196-JJF Document 8 Filed 07/O1/2008 Page 2 of 4
Plaintiff shall provide the Court with original "U.S. Marshal-
285" forms for remaining Defendants Officer Bingnear, Supervisor
Officer Ruben Martinez, Officer Deborah Provenza, and the New
Castle County Police Department, as well as for the Chief
Executive Officer for New Castle County, Delaware. Plaintiff has
provided the Court with copies of the Complaint (D.I. 2) for
service upon the remaining Defendants and the Chief Executive
Officer for New Castle County, Delaware. 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 remaining Defendant and the Chief Executive Officer for New
Castle County, Delaware within 120 days from the date of this
Order may result in the Complaint being dismissed or Defendants
being dismissed pursuant to Federal Rule of Civil Procedure 4(m).
2. Upon receipt of the form(s) required by paragraph l
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) so identified in each 285 form.
3. 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
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Case 1:08-cv-00196-JJF Document 8 Filed 07/O1/2008 Page 3 of 4
Defendant, the United States Marshal shall personally serve said
Defendants pursuant to Fed. R. Civ. P. 4(c)(2) and said
Defendants shall be required to bear the cost related to such
service, unless good cause is shown for failure to sign and
return the waiver.
4. 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.
5. 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.
6. NOTE: *** When an amended complaint is filed 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. § l915(e)(2) and § l9l5A(a). ***
7. NOTE: *** Discovery motions and motions for appointment
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Case 1:08-cv-00196-JJF Document 8 Filed 07/O1/2008 Page 4 of 4
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
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