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

Case 1 :07-cv—00429-GIVIS Document 6 Filed 10/11/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OF DELAWARE
MICHAEL LEAGER, )
Plaintiff, g
v. ) Civ. Action No. 07-429-GMS
WARDEN RAPHAEL WILLIAMS, i
DR. KENDALL, and JIM WELCH, )
Defendants, )
ORQER
At Wilmington this L day of , 2007, the plaintiff having satisfied the
filing prerequisites of 28 U.S.C. § 1915A; and the court having identified cognizable medical
needs claims against the defendants Warden Raphael Williams, Dr. Kendall, and Jim Welch
within the meaning of28 U.S.C. § l9I5A(b);
IT IS ORDERED that:
1. The clerk ofthe court shall cause a copy ofthis order to be mailed to the plaintiff.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiff has provided complete,
original "U.S. Marshal-285" forms for the defendants Warden Raphael Williams, Dr.
Kendall, and Jim Welch, 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
§ 3l03(C). The plaintiff has also provided the court with copies of the complaint (D.I. 2)
for service upon the defendants.
3. The United States Marshal shall forthwith serve a copy of the complaint (D.I. 2), this
order, a "Notice of Lawsuit" form, the Hling fee order(s), and a "Return of Waiver" form upon

Case 1:07-cv—00429-Gl\/IS Document 6 Filed 10/11/2007 Page 2 of 3
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 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 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. §19l5(e)(2)
and § l9l5A(a). ***
8. NOTE: Discovery motions and motions for appointment of counsel filed prior to
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Case 1:07-cv—00429-Gl\/IS Document 6 Filed 10/11/2007 Page 3 of 3
service will be dismissed without prejudice, with leave to re le following service. ***
UNI D STATES DISTRI T E
F I L E D
OCT l l 2007
us. oismlcr counr
oisrnscr OF DELAWARE
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