Free Order (PLRA) Service Order (285's in) - District Court of Delaware - Delaware

Case 1:07-cv-00505-SLR Document 8 Filed 11/13/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN A. APGAR, )
Plaintiff, g
v. ; Civil Action No. 07-505-*** (LPS)
WARDEN RAPHAEL WILLIAMS, g
DR. BINNON, and JAMES WELCH, )
Defendants. g
SERVICE ORDER
. . i3*‘— . . . . .
At Wilmington this __ day of November, 2007, plaintiff having satished the tiling
prerequisites of 28 U.S.C. § 1915A; and the court having identified cognizable medical
needs claims 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.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff has provided original
"U.S. Marshal-285" forms 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. Coos ANN. tit. 10 § 3103(c). Plaintiff has also provided the court
with copies of the complaint (D.l. 3) for service upon defendants and the attorney
general.
3. The United States Marshal shall forthwith serve a copy ofthe complaint (D.l.
2), this order, a "Notice of Lawsuit" form, the filing fee orcler(s), and a "Return of
Waiver" form upon the defendant(s) so identified in each 285 form.
4. Within thirty (30) days from the date that the "Notice of Lawsuit" and "Return

Case 1:07-cv-00505-SLR Document 8 Filed 11/13/2007 Page 2 of 2
of Waiver" forms are sent, if an executed "Waiver of Senrice of Summons" 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.
5. 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.
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.
7. NOTE: *** When an amended complaint is filed prior to service, the court will
VACATE all previous senrice 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. § 1915(e)(2) and §1915A(a).***
8. NOTE: *** Discovery motions and motions for appointment of counsel tiled
prior to senrice will be dismissed without prejudice, with leave to refile following service.
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Document 8

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