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

Case 1:06-cv—O0368-SLR Document 15 Filed O4/19/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WONNELL RINGGOLD, )
Plaintiff, g
v. g Civ. Action No. 06-368-SLR
CORRECTIONS OFFICER LAMBY, g
Defendant. g
ORDER
At Wilmington this lhday of April, 2007, plaintiff having satished the filing
prerequisites of 28 U.S.C. § 1915A; and the court having identihed cognizable claims
within the meaning of 28 U.S.C. § 1915A(b);
IT IS ORDERED that;
1. The clerk of the court shall cause a copy of this order to be mailed to plaintiff.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall provide original
"U.S. Marsha|—285" forms for defendant Corrections Officer Lamby, 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.l. 2) for service upon defendant
and the attorney general.
3. Upon receipt of the form(s) required by paragraph 2 above, the United States
Marshal shall forthwith serve a copy of the complaint (D.l. 2), this order, a "Notice of
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Case 1:06-cv—O0368-SLR Document 15 Filed O4/19/2007 Page 2 of 3
Lawsuit" form, the Hling 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 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 othenrvise
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 afhdavits.
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. §‘l915(e)(2) and §1915A(a).***
8. NOTE: *** Discovery motions and motions for appointment of counsel tiled
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Case 1:06-cv-00368-SLR Document 15 Filed O4/19/2007 Page 3 of 3
prior to service will be dismissed without prejudice, with leave to retile following service.
UNITED STATEQ DISTRICT JUDGE
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