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


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Date: October 24, 2006
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State: Delaware
Category: District Court of Delaware
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Preview Order (PLRA) Service Order (no 285's) - District Court of Delaware
Case 1:05-cv—00527-SLR Document 55 Filed 10/25/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID S. YARNALL, )
)
Plaintiff, )
) CONSOLIDATED
v. ) Civ. N0. 05-527-SLR
) Civ. No. 06—50I—SLR
CPL. ANTHONY MENDEZ, DELAWARE ) Civ. N0. 06—529-SLR
STATE POLICE TROOP 7, )
PTLM LOWE, UNKNOWN OFFICERS )
WHO RESPONDED TO SCENE OF )
MILLSBORO POLICE, and )
PFC EUCHERT, )
)
Defendants. )
ORDER
At Wilmington this <}3& day 0f October, 2006;
Plaintiff, who proceeds pro se, submitted to the court for
service upon defendants PTLM Lowe (“Lowe”), PFC Buchert
(“Buchert”), and the chief executive officer for the City of
Millsboro, Delaware, an incomplete USM—285 form for the chief
executive officer for the City of Millsboro, Delaware, and
altered copies of complaints and amended complaints.
IT IS THEREFORE ORDERED that:
I. The clerk of the court shall cause a copy of this order
to be mailed to plaintiff.
2. Plaintiff shall submit a complete USM—285 form for the
chief executive officer for the City of Millsboro, Delaware, 322
Wilson Highway, Millsboro, Delaware, within 60 days from the date
of this order.
3. The clerk of the court is directed to provide to

Case 1:05-cv—00527-SLR Document 55 Filed 10/25/2006 Page 2 of 3
plaintiff one copy of each of the following documents: the
complaint (D.I. 2) and amended complaint (D.I. 36) filed in Civ
No. 05-527—SLR, the complaint (D.I. 2) filed in Civ. No. 06-501-
SLR, and the complaint (D.I. 2) filed in Civ. No. 06-529-SLR.
4. This order shall supplement the court's service order
(D.I. 50) dated September 26, 2006.
5. Plaintiff shall provide the court, within 60 days from
the date of this order, the requisite number of copies of the
complaint and amended complaints in the consolidated case (i.e.,
copies of the complaints filed in Civ No. 05—527—SLR, Civ. No.
06—501—SLR, and Civ. No. 06—529—SLR, all found at D.I. 2, and the
amended complaint in Civ. No. 05—527—SLR, found at D.I. 36) for
service upon defendants Lowe and Buchert as well as for the chief
executive officer for the City of Millsboro, Delaware. Plaintiff
is forewarned that he shall not submit altered copies of
complaints or amended complaints and they will not be accepted by
the court.
6. Upon receipt of all required documents, the United
States Marshal shall forthwith serve a copy of the complaint
(D.I. 2) and amended complaint (D.I. 36) filed in Civ No. 05~527—
SLR, the complaint (D.I. 2) filed in Civ. No. 06—50l—SLR, and the
complaint (D.I. 2) filed in Civ. No. 06—529—SLR, the court's
order dated September 26, 2006 (D.I. 50), this order, a "Notice
of Lawsuit" form, the filing fee order(s), and a "Return of
..2..

Case 1:05-cv-00527-SLR Document 55 Filed 10/25/2006 Page 3 of 3
Waiver" form upon each of the defendants so identified in each
285 form.
Failure to fully comply with this order may result in the
complaint being dismissed or defendants being dismissed pursuant
to Federal Rule of Civil Procedure 4(m).
UNITED STATQS DISTRICT JUDGE
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