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

Case 1 :07-cv—00745-GIVIS Document 17 Filed 07/31 /2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ABDULLAH G. HUBBARD, ROBERT, )
SAUNDERS, MEL MCCALISTER, )
NORMAN INGRAM, JAMES WILSON, )
DAVID T. SCOTT, MICHAEL BARTLEY,)
DAMON GIBSON, and BRYON )
WARNER, )
)
Plaintiffs, )
)
v. ) Civil Action No. 07-745-GMS
)
COMMISSIONER CARL DANBERG, )
DEPUTY COMMISSIONER THOMAS )
CARROLL, ACTING WARDEN BETTY )
BURRIS, RON HOLSTERMAN, MIKE )
LITTLE, CAPTAIN MICHAEL )
MCCRAMER, LT. MICHAEL TRADER, )
SUPERVISOR LEE LEPORE, )
SUPERVISOR JIM MASSIE, )
SUPERVISOR TERRY YODER, )
SUPERVISOR ED BOWERS, )
SUPERVISOR DAN ATHERHOLT, and )
SGT. MARVIN CRESEY, )
)
Defendants. )
I SERVICE ORDER
At Wilmington thiél day of , 2008, the plaintiffs having satisfied the
filing prerequisites of 28 U.S.C. § 1915A and the court having identified at this time what appear
to be cognizable claims against the defendants 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 the plaintiffs.
2. Damon Gibson’s motion for leave to proceed informa pauperis is granted. (D.I. 5.)
The filing fee, however, has been paid in full.

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3. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiffs shall provided complete,
original "U.S. Marshal-285" forms for the defendants 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 § 3l03(C). The plaintiffs shall also provide the court with
copies of the amended complaint (D.I. 15) for service upon the dlefendants. The plaintiffs
are notified that the United States Marshal will not serve the amended complaint until all
"U.S. Marshal 285" forms have been received by the clerk ofthe court. Failure to provide
the "U.S. Marshal 285" forms for the defendants and the attorney general 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).
4. Upon receipt of the form(s) required by paragraph 3 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 the defendant(s) identified in
the 285 forms.
5. 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 Sumrnons" 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.
6. 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
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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.
7. 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.
8. 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 tiled prior to service shall be subject to re—screening pursuant to 28 U.S.C. § 1915A(a).
*:*:9:
9. NOTE: *** Discovery motions and motions for appointment of counsel filed prior to
service will be dismissed without prejudice, withgg ve to reiile iyinwing §Eice. *P**
CHI , UNITED STATES DISTRICT JUDGE
F I L E D
F JUL 3 l 2008
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