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

Case 1:07-cv-00244-JJF Document 8 Filed 06/18/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HENRY R. TAYLOR, JR. :
Plaintiff, E
v. ; Civ. Action No. 07-244-JJF
KATHLEEN D. FELDMAN, JEANNE K.;
CAHILL, PATRICK J. O’HARE, z
SHARON AGNEW, JAMES FRAZIER, :
and SUPERIOR COURT NEW CASTLE :
COUNTY, :
Defendants. ;
O R D E R
NOW THEREFORE, at Wilmington this _l5l day of June, 2007, IT
IS HEREBY ORDERED that:
I. The Clerk of the Court shall cause a copy of this order
to be mailed to Plaintiff.
2. The claim against the Superior Court of Delaware, New
Castle County is DISMISSED WITHOUT PREJUDICE and Superior Court
of Delaware, New Castle County is DISMISSED as a Defendant as it
is immune from suit pursuant to 28 U.S.C. § I9I5(e)(2)(B) and §
19l5A(b)(l).
3. The Court has identified what appear to be cognizable
claims against Defendants Kathleen D. Feldman, Jeanne K. Cahill, E
Patrick J. O’Hare, Sharon Agnew, and James Frazier. Plaintiff is 3
allowed to PROCEED against these Defendants. y
IT IS FURTHER ORDERED that: _
l. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d){2), .
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Case 1:07-cv-00244-JJF Document 8 Filed 06/18/2007 Page 2 of 3
Plaintiff shall provide the Court with original "U.S. Marshal-
285" forms for remaining Defendants Kathleen D. Feldman, Jeanne
K. Cahill, Patrick J. O’Hare, Sharon Agnew, and James Frazier 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 Complaint (D.I. 2) for service upon the remaining
Defendants and the Attorney General.
2. Upon receipt of the form(s) required by paragraph 1
above, the United States Marshal shall forthwith serve a copy of
the complaint (D.I. 2), 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.
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 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 i
requested, is required to answer or otherwise respond to the 3
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Case 1:07-cv-00244-JJF Document 8 Filed 06/18/2007 Page 3 of 3
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
filed prior to service shall be subject to re—screening pursuant
to 28 U.S.C. §l9l5(e)(2) and § l9l5A(a). ***
7. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service, ***
U`N* ' D A —~ S DISTRICT GE

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