IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES R. RUNYON, )
Plaintiff, l
v. g Civ. Action No. 08-029-GMS
STUART STUTHERS and l
CORRECTIONAL MEDICAL SERVICES,)
Defendants. g
SERVICE ORDER
.. ./5*,Q if .. ..
At W1lm1ngtonth1s _ day o , 2008, the plaintiff having satisfied the
filing prerequisites of 28 U.S.C. § 1915A and the court having identified at this time what appear
to be cognizable retaliation claims against the defendants Stuart Stuthers and Correctional
Medical Services within the meaning of 28 U.S.C. § l9l5A(b);
IT IS ORDERED that:
l. 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 provided complete,
original "U.S. Marshal—285" forms for the remaining defendants Stuart Stuthers and
Correctional Medical Services as well as for the Attomey General of the State of Delaware,
820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801., pursuant to DEL. CODE
ANN. tit. 10 § 3l03(C). The plaintiff shall also provide the court with copies of amended
complaint (D.I. 3) for service upon the remaining defendants. The plaintiff is notified that
the United States Marshal will not serve the complaint until all "U.S. Marshal 285" forms
and copies ofthe complaint have been received by the clerk of the court. Failure to provide
Case 1:08-cv—OOO29-G|\/IS Document 11 Filed 08/O1/2008 Page 2 of 3
the "U.S. Marshal 285" forms and copies 0f the complains for the remaining defendants
and the attorney general within 120 days from the date 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 (D.I. 2), this order, a "Notice of Lawsuit†form, the
filing fee order(s), and a "Return of Waiver" form upon the defendant(s) identified in the 285
forms.
4. Within thirty (30) days from the date that the "Notice oi’Lawsuit" and "Retum of
Waiver" forms are sent, if an executed “Waiver of Service of Sumn1ons" 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 F ed. R. Civ. P. 4(d)(3), a defendant who, before being served with process
timely retums 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 this civil action unless the documents reflect proof of service upon the
parties or their cotmsel.
2
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7. NOTE: *** When an amended complaint is tiled prior to service, the court will
VACATE all previous service orders entered, and service will not take place. An amended
complaint tiled prior to service shall be subject to re-screening pursuant to 28 U.S.C. § 1915 and §
1915A(a) ***
8. NOTE: *** Discovery motions and motions for appointment of counsel filed prior to
service will be dismissed without prejudice,
CHIEF, UNITED STATES DISTRICT JUDGE
F I L E D
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