Free Order - District Court of Delaware - Delaware

Case 1:07—cv—00637-JJF Document 10 Filed 04/29/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD G. WILLIAMS, :
v. : Civil Action No. 07-637-JJF
CORRECTIONAL MEDICAL SERVICES,:
FIRST CORRECTIONAL MEDICAL, :
DELAWARE CORRECTIONAL CENTER :
MEDICAL DEPARTMENT, :
DELAWARE CORRECTIONAL CENTER :
MEDICAL GRIEVANCE COMMITTEE, :
DCC MEDICAL RESPONDER TO SICK :
CALL REQUEST SLIP, DCC INMATE :
GRIEVANCE COMMITTEE, :
CONTRACTED HEALTH SERVICES, :
COMMISSIONER CARL DANBERG, :
STANLEY TAYLOR, WARDEN THOMAS :
CARROLL, GOVERNOR RUTH ANN :
MINNER, ATTORNEY GENERAL BEAU :
BIDEN, OLD CORRECTIONAL :
SERVICES, OFFICE OF :
INFORMATION ON INMATE MEDICAL :
SERVICES, JUDGE JOSHUA W. :
MARTIN, III, JANE DOES AND :
JOHN DOES, LEVENTE SZALAI, :
RAPHAEL CACCESE, DR. OTT, :
DR. VANDUSEN and GUARDS-C/O'S :
OF DCC TRANSPORTATION, :
Defendants. :
ORDER
NOW THEREFORE, at Wilmington this Qgjgay of April, 2008, IT
IS HEREBY ORDERED that:
l. The Clerk of the Court shall cause a copy of this Order
to be mailed to Plaintiff.
2. Plaintiff's claims against Defendants Delaware
Correctional Center Medical Department, Delaware Correctional
Center Medical Grievance Committee, DCC Medical Responder to Sick

Case 1 :O7—cv—OO637-JJF Document 10 Filed 04/29/2008 Page 2 of 4
Call Request Slips, DCC Inmate Grievance Committee, Contracted
Health Services, Stanley Taylor, Governor Ruth Ann Minner, Office
of Information on Inmate Medical Services, Joshua W. Martin, III,
Jane and John Does, Dr. Levente Szalai, Dr. Raphael Caccese, Dr.
Vandusen, and Guards/CO’s of DCC Transportation are DISMISSED as
frivolous and for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and §
1915A(b)(1). They are DISMISSED as Defendants in the case.
3. The Court has identified what appear to be cognizable
Eighth Amendment claims against Defendants Correctional Medical
Services, First Correctional Medical, Commissioner Carl Danberg,
Warden Thomas Carroll, Attorney General Beau Biden, Old
Correctional Services, and Dr. Ott. Plaintiff is allowed to
PROCEED against these Defendants.
IT IS FURTHER ORDERED that:
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff shall provide the Court with original "U.S. Marshal-
285" forms for remaining Defendants Correctional Medical
Services, First Correctional Medical, Commissioner Carl Danberg,
Warden Thomas Carroll, Attorney General Beau Biden, Old
Correctional Services, and Dr. Ott, 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 provided the Court with copies of the
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Case 1 :O7—cv—OO637-JJF Document 10 Filed O4/29/2008 Page 3 of 4
Complaint, Amendment Complaint, and Exhibits (D.I. 2, 6, 7) for
service upon the remaining Defendants and the Attorney General.
Plaintiff is notified that the United States Marshal will not
serve the Complaint, Amended Complaint and Exhibits 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 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).
2. Upon receipt of the form(s) required by paragraph 1
above, the United States Marshal shall forthwith serve a copy of
the Complaint and amendments (D.I. 5, 6, 13), 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.
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Case 1 :O7—cv—OO637-JJF Document 10 Filed O4/29/2008 Page 4 of 4
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
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
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UNIT STA Es 1sTRicT GE
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