Free Order - District Court of Delaware - Delaware

Case 1:08—cv—00081-JJF Document 14 Filed 05/13/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BEN ROTEN, :
Plaintiff, E
v. ; Civil Action N0. 08-081-JJF
CARL DANBERG, et al., ;
Defendants. ;
EQ
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. The Clerk of the Court shall cause a copy of this Order
to be mailed to Plaintiff.
2. Plaintiff's Motion For Appointment Of Counsel is DENIED
without prejudice. (D.I. 9.)
3. Plaintiff's Motion For Response From The Defendants is
DENIED. (D. I. 10.)
4. Plaintiff's claims against Defendants Carl Danberg, Mike
Deloy, Jill Mosser, Director of CMS, Diane Miller, and Richard
Kearney are DISMISSED as frivolous and for failure to state a
claim upon which relief may be granted pursuant to 28 U.S.C. §
l9l5(e)(2)(B) and § l9l5A(b)(l). They are DISMISSED as
Defendants in the case.
5. The Court has identified what appears to be a cognizable
Eighth Amendment claim against Defendant Dr. Lawrence McDonald.
Plaintiff is allowed to PROCEED against this Defendant.
IT IS FURTHER ORDERED that:

Case 1 :08—cv—00081-JJF Document 14 Filed 05/13/2008 Page 2 of 3
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff has provided the Court with original "U.S. Marshal-285"
forms for the remaining Defendant Dr. Lawrence McDonald, 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). Plaintiff has also provided the Court
with copies of the Complaint (D.I. 2) for service upon the
remaining Defendant and the Attorney General.
2. The United States Marshal shall forthwith serve a copy
of the Complaint and amendments (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
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
-2 -

Case 1 :08—cv—00081-JJF Document 14 Filed 05/13/2008 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.
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. § l9l5(e)(2) and § l9l5A(a). ***
7. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
[{%l3 7,008
DATE UN D S DISTRICT DGE
-3-

Case 1:08-cv-00081-JJF

Document 14

Filed 05/13/2008

Page 1 of 3

Case 1:08-cv-00081-JJF

Document 14

Filed 05/13/2008

Page 2 of 3

Case 1:08-cv-00081-JJF

Document 14

Filed 05/13/2008

Page 3 of 3