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

Case 1 :08-cv-00102-SLR Document 6 Filed 05/13/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD RAINEY, )
Plaintiff, g
v. g Civ. No. 08-102-SLR
DIAMOND STATE PORT CORP., g
Defendant. g
ORDER
At Wilmington this Qt; day of May, 2008, plaintiff appearing pro se and, having
been granted leave to proceed without prepayment of fees; and the court’s having
screened the case pursuant to 28 U.S.C. § 1915 (D.I. 4);
IT IS ORDERED that:
1. Plaintiffs motion to appoint counsel is denied without prejudice with leave to
renew. (D.I. 5.) Service has not yet occurred and defendant has not appeared. Once
a scheduling order is entered it will contain a deadline for filing dispositive motions.
Accordingly, further motions for appointment of counsel shall be deemed denied without
prejudice to renew should any of plaintiffs claim survive summary judgment.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall complete and
return to the clerk of the court an original "U.S. Marshal-285" form for defendant.
Plaintiff has provided the court with one copy the complaint (D.I. 2) for service
upon defendant. Plaintiff is notified that the United States Marshal will not serve
the complaint until the "U.S. Marshal 285" form and a copy of the complaint have
been received by the clerk of the court. Failure to provide a "U.S. Marshal 285"

Case 1:08-cv-00102-SLR Document 6 Filed 05/13/2008 Page 2 of 2
form and a copy of the complaint for defendant within 120 days of the date of this
order may result in the complaint being dismissed or defendant being dismissed
pursuant to Fed. R. Civ. P. 4(m).
3. Upon receipt of the completed "U.S. Marshal 285" form and a copy ofthe
complaint, the United States Marshal shall serve a copy of the complaint and this order
upon the defendant as directed by plaintiff. All costs of service shall be advanced by
the United States.
4. No communication, including pleadings, briefs, statement of position, etc., will
be considered by the court in this civil action uriless the documents reflect proof of
service upon the parties or their counsel.
UNITED STATQS DISTRICT JUDGE
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Case 1:08-cv-00102-SLR

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