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

Case 1:07-cv—00448-GMS Document 24 Filed 11/29/2007 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RUSSELL STEEDLEY, )
Plaintiff, )
v. ; Civil Action No. 07-448-***-MPT
CORRECTIONAL NIEDICAL g
SERVICES, GAIL ELLER, UNKNOWN )
EMPLOYEES, and CORRECTIONAL )
MEDICAL SERVICES REGIONAL, )
Defendants. g
SUPPLEMENTAL SERVICE ORDER
WHEREAS, on November 14, 2007, plaintiff filed a motion to amend the caption
of the amended complaint to identify unknown employee defendants as John Rundle
and Scot Altman (D.I. 20);
THEREFORE, at Wilmington this K day of November, 2007, IT IS ORDERED
that:
1. The clerk of the court shall cause a copy of this order to be mailed to plaintiff.
2. PIaintiff’s motion (D.I. 20) is GRAN'I'ED.
3. The clerk of the court is directed to amend the court docket by changing
defendant "unknown employees" to defendants John Rundle and Scott Altman.
4. Defendants shall file a response to plaintiffs motion for temporary restraining
order/preliminary injunction (D.I. 4) within twenty-one (21) days after they are served.
Defendants shall provide with their responses a copy of plaintiffs medical records for
the court’s review.

Case 1:07-cv—00448-GMS Document 24 Filed 11/29/2007 Page 2 of 4
IT IS FURTHER ORDERED that:
1. This order shall supplement the court’s service order (D.l. 15) dated
September 14, 2007.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall provide original
"U.S. Marsha|—285" forms for newly identified defendants John Rundle and Scott
Altman, 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 shall also provide the court with copies of the amended
complaint (D.l. 13) and motion to amend complaint (D.l. 20) for service upon the
newly identified defendants and the attorney general. Plaintiff shall also provide
copies of the motion for temporary restraining orderlpreliminary injunction (D.l.
4), supporting memorandum (D.l. 5), and appendix (D.l. 6) for service upon the
newly identified defendants and the attorney general. The plaintiff is notified that
the United States Marshal will not serve the amended complaint and all other
required documents 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 newly
identified defendant and the attorney general within 120 days of this order may
result in the amended complaint being dismissed or defendants being dismissed
pursuant to Federal Rule of Civil Procedure 4(m).
3. Upon receipt ofthe form(s) required by paragraph 2 above, the United States
Marshal shall forthwith serve a copy ofthe amended complaint (D.l. 13), motion to
amend complaint (D.l. 20), motion for temporary restraining order/preliminary injunction
-2-

Case 1:07-cv—00448-Gl\/IS Document 24 Filed 11/29/2007 Page 3 of 4
(D.I. 4), supporting memorandum (D.|. 5), appendix (D.I. 6), 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.
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 Senxice of Summons" form has not
been received from a defendant, the United States Marshal shall personally senxe 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 senxed
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
sen/ice upon the parties or their counsel.
7. NOTE: *** When an amended complaint is filed prior to senxice, the Court will
VACATE all previous Senxice Orders entered, and senxice will not take place. An
amended complaint filed prior to senxice shall be subject to re-screening pursuant to 28
U.S.C. § 1915(e)(2) and §1915A(a).***
-3-

Case 1:07-cv—00448-Gl\/IS Document 24 Filed 11/29/2007 Page 4 of 4
8. Note: *** Discovery motions and motions for appointment of counsel filed
prior to senrice will be dismissed without prejudice, with leave to refile following service.

‘ eMaryPa ge
agistrate Ju e
-4-