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

Case 1:07-cv—00448-GMS Document 15 Filed 09/14/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RUSSELL STEEDLEY, )
Plaintiff, g
v. g Civil Action No. 07-448-***
CORRECTIONAL MEDICAL g
SERVICES, GAIL ELLER, UNKNOWN )
EMPLOYEES, and CORRECTIONAL )
MEDICAL SERVICES REGIONAL, )
Defendants. g
SERVICE ORDER
At Wilmington this ji day of September, 2007, plaintiff having satisfied the
filing 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 ofthe court shall cause a copy of this order to be mailed to plaintiff.
2. Plaintiffs motion for appointment of counsel (D.I. 7) is denied without
prejudice with leave to refile following service ofthe complaint.
3. The complaint lists as defendants Unknown Employees. When plaintiff
learns the identities of the Unknown Employees, he shall immediately move the court
for an order directing amendment of the caption and service ofthe complaint on them.
4. Defendants shall file a response to plaintiffs motion for temporary restraining
order/preliminary injunction (D.l. 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 15 Filed 09/14/2007 Page 2 of 3
IT IS FURTHER ORDERED THAT:
1. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall provide 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. CODE ANN. tit. 10 § 3103(c). Plaintiff has provided the court with
copies of the amended complaint (D.l. 13) for service upon defendants and the
attorney general. Plaintiff shall also provides copies of the motion for temporary
restraining order/preliminary injunction (D.l. 4), supporting memorandum (D.l. 5),
and appendix (D.l. 6) for service upon defendants and the attorney general. The
plaintiff is 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 of
the court. Failure to provide the "U.S. Marshal 285" forms for each 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).
2. Upon receipt of the form(s) required by paragraph 1 above, the United States
Marshal shall forthwith serve a copy ofthe amended complaint (D.l. 13), motion for
temporary restraining order/preliminary injunction (D.l. 4), supporting memorandum
(D.l. 5), appendix (D.l. 8), this order, a "Notice of Lawsuit" form, the tiling 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
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Case 1 :07-cv—00448-GIVIS Document 15 Filed 09/14/2007 Page 3 of 3
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.
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 Hled prior to service shall be subject to re-screening pursuant to 28
U.S.C. §1915(e)(2) and § 1915A(a). ***
7. NOTE: *** Discovery motions and motions for appointment of counsel filed
prior to senrice will be dismissed without prejudice, with leave to retile following service.
TATE l“ T J GE
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