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

Case 1:04-cv-01243-JJF Document 14 Filed 08/25/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RONALD E. PROCTOR, JR., :
Plaintiff, E
v. ; Civil Action No, 04-1243-JJF
c/o G. COVENTRY, SGT. W. FAUST, ;
LT. SALAS, LT. JOHN DOE I, z
DR. BROWN, :
Defendants. ;
O R D E R
WHEREAS, 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. § l9l5A(b);
IT IS ORDERED that:
1. The Clerk of the 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), the
plaintiff shall complete and return to the Clerk of the 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. Cm :ANN.
tit. 10 § 3l03(c). Additionally, the plaintiff shall provide the
Court with one copy of the complaint 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 received by the Clerk of the
Court. Failure to provide the “U.S. Marshal 285" forms for each

Case 1:04-cv-01243-JJF Document 14 Filed 08/25/2005 Page 2 of 3
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 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

Case 1:04-cv-01243-JJF Document 14 Filed 08/25/2005 Page 3 of 3
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.
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