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

Case 1:07-cv—00476-Gl\/IS Document 11 Filed 10/11/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PAUL I. Sl\/IITH, )
Plaintiff, l
v. ; Civ. Action No. 07-476-GMS
CARL C. DANBERG, THOMAS g
CARROLL and BETTY BURRIS, )
Defendants, g
vlx ORDER
At Wilmington this LL day of (Ogg- , 2007, the plaintiff having satisfied the
filing prerequisites of 28 U.S.C. § 1915A; and the court having identified cognizable conditions
of confinement claims against the defendants within the meaning of 28 U.S.C. § 1915A(b);
ITIS ORDERED that:
1. The clerk ofthe court shall cause a copy of this order to be mailed to the plaintiff.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiff shall provided complete,
original "U.S. Marshal-285" forms for the defendants Carl C. Danberg, Thomas Carroll and
Betty Burris, as well as for the Attorney General ofthe State of Delaware, 820 N. FRENCH
STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL. CODE ANN. tit. 10 § 3103(C).
The plaintiff shall also provide the court with copies of the complaint (D.I. 2), affidavits
(D.I. 6), and supplement to the complaint (D.I. 7) for service upon the defendants. The
plaintiff is notified that the United States Marshal will not serve the complaint, affidavit
and supplement 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 the defendants and the

Case 1:07-cv—00476-GIVIS Document 11 Filed 10/11/2007 Page 2 of 3
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).
3. Upon receipt of the form(s) required by paragraph 2 above, the United States Marshal
shall forthwith serve a copy ofthe complaint (D.I. 2), affidavits (D.I. 6) and supplement (D.l. 7),
this order, a "Notice of Lawsuit" form, the filing fee order(s), and a "Retum of Waiver" form
upon the defendant(s) identified in the 285 forms.
4. 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 defendant(s)
pursuant to F ed. 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. lf 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
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Case 1:07-cv—00476-Gl\/IS Document 11 Filed 10/11/2007 Page 3 of 3
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). ***
8. 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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