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

Case 1:05-cv—OOO67—SLR Document 9 Filed O9/30/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM FREDERICK DAVIS, III, )
Plaintiff, i
v. i Civ. No. 05-067-SLR
RAPHAEL WILLIAMS, FIRST i
CORRECTIONAL MEDICAL, DR. )
BOSTON, BRIAN CASEY, )
CORRECTIONAL OFFICER DAVIES, )
CAPTAIN EMMIT, CORRECTIONAL )
OFFICER REGINALD MAYES and )
DEBRA MUSCARELLA, )
Defendants. g
MEMORANDUM ORDER
At Wilmington this —5m* day of September, having
reviewed plaintiff's complaint and finding that his claims are
not frivolous under 28 U.S.C. § 1915A(b);
IT IS ORDERED that;
1. The Clerk of Court shall cause a copy of this
order to be mailed to the plaintiff.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
plaintiff shall complete and return to the Clerk of Court
original “U.S. Marshall 285" forms for all defendants and for the
Attorney General of the State of Delaware, 820 N. FRENCH STREET,
WILMINGTON, DELAWARE 19801, pursuant to DEL. Cm aANN. tit. 10 §
3103(c). Plaintiff is notified that the United States Marshal

Case 1:05-cv—OOO67—SLR Document 9 Filed O9/30/2005 Page 2 of 3
will not serve the complaint until all “U.S. Marshal 285" forms
have been received by the Clerk of Court. Additionally,
plaintiff shall provide the Court with five additional copies of
the complaint for service upon the defendants. Failure to
provide the “U.S. Marshal 285" form for all defendants and the
attorney general within 120 days of this order may result in the
complaint being dismissed or defendants being dismissed pursuant
to Federal Rule of Civil Procedure 4(m).
3. Upon receipt of the forms required by paragraph a
above, the United States Marshal shall forthwith serve a copy of
the Complaint, this order, a “Notice of Lawsuit" form, the filing
fee order, and a “Return of Waiver" form upon each of the
defendants 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 pursuant to Fed. R. Civ. P.
4(c)(2) and said defendant 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
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Case 1:05-cv—OOO67—SLR Document 9 Filed O9/30/2005 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.
6. No communication, including pleadings, briefs,
statement of position, etc., will be considered by the Court in
this action unless the documents reflect proof of service upon
the parties or their counsel. The clerk is instructed not to
accept any such document unless accompanied by proof of service.
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