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

Case 1:04-cv-01417-GMS Document 8 Filed 09/27/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD C. HUNT, ) _
Plaintiff, g
v. g Civil Action No. O4—1417—KAJ
FIRST CORRECTIONAL MEDICAL g
SERVICES, STAN TAYLOR, and )
RAPHAEL WILLIAMS, )
Defendants. g

At Wilmington, this 27"‘ day of September, 2005, the plaintiff having satisfied the
filing prerequisites of 28 U.S.C. § 1915A; and the court having determined that the
complaint is not frivolous 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 Federal Rule of Civil Procedure 4(c)(2) and (d)(2), the plaintiff
shall complete and return to the Clerk ofthe Court an original "U.S. Marshal - 285"
form 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). Additionally, the plaintiff shall provide the court with one copy of the
complaint (D.I.2) and one copy of the amended complaint (D.I. 6) for service upon
each defendant. Furthermore, the plaintiff is notified that the United States
Marshal will not serve the complaint until all "U.S. Marshal 285" forms have been

Case 1:04-cv-01417-Gl\/IS Document 8 Filed 09/27/2005 Page 2 of 3
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 complaint being dismissed or defendants being dismissed
pursuant to Federal Rule of Civil Procedure 4(m).
3. Upon receipt of the form(s) required by paragraph 2 above, the United
States Marshal shall forthwith serve a copy of the complaint, this order, a “Notice of
Lawsuit" form, the filing fee order(s), 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(s) pursuant to Federal Rule of Civil Procedure 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 Federal Rule of Civil Procedure 4(d)(3), a defendant who,
before being served with process timely returns a waiver as requested, is required to
answer or othenrvise response 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. lf a defendant response by way of a motion, said motion shall
be accompanied by a brief or a memorandum of points and authorities and any
supporting affidavits.
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Case 1:04-cv-01417-Gl\/IS Document 8 Filed 09/27/2005 Page 3 of 3
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. The Clerk is instructed not to accept any such
document unless accompanied by proof of service.
r i ,,.-
Ll |T_ I STATE Bl ’TR|C“|` UDGE
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