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

Case 1:05-cv—00527-SLR Document 50 Filed 09/26/2006 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID S. YARNALL, )
)
Plaintiff, )
) CONSOLIDATED
v. ) Civ. No. 05-527-SLR
) Civ. No. 06-501-SLR
CPL. ANTHONY MENDEZ, DELAWARE ) Civ. No. 06-529-SLR
STATE POLICE TROOP 7, )
PTLM LOWE, UNKNOWN OFFICERS )
WHO RESPONDED TO SCENE OF )
MILLSBORO POLICE, and )
PFc BUCHERT, )
)
Defendants. )
ORDER
At Wilmington this having satisfied the filing prerequisites of 28 U.S.C. § I9I5A;
and the court having identified oognizable claims within the
meaning of 28 U.S.C. § I9I5A(b};
IT IS ORDERED that:
I. The clerk of the court shall cause a copy of this order
to be mailed to plaintiff.
2. When plaintiff learns the identities of the Unknown
Officers who responded to scene of Millsboro Police, he shall
immediately move the court for an order directing amendment of
the caption and service of the complaint upon them.
3. Pursuant to Fed. R. Civ. P. 4(c)(2} and (j), plaintiff
shall complete and return to the clerk of the court an original
“U.S. Marshal-285" form for defendants PTLM Lowe and PFC Buchext.

Case 1:05-cv—00527-SLR Document 50 Filed 09/26/2006 Page 2 of 4
Plaintiff shall also provide an original “U.S. Marshal—285" form
for the Chief Executive Officer for the City of Millsboro,
Delaware. Additionally, plaintiff shall provide the court with
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 each defendant as well as for chief executive
officer for the City of Millsboro, Delaware. Failure to provide
the "U.S. Marshal 2B5" forms for the defendants and the chief
executive officer for the City of Millsboro, Delaware within 120
days of this order may result in the complaint being dismissed or
defendant(s) being dismissed pursuant to Federal Rule of Civil
Procedure 4(m).
4. Upon receipt of the form(s) required by paragraph 3
above, 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,
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.
5. 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
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Case 1:05-cv—00527-SLR Document 50 Filed 09/26/2006 Page 3 of 4
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.
6. 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.
7. 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.
8. NOTE: *** When an amended complaint is filed prior to
service, the court will VACATE all previous service orders
entered, and service will not take place. An amended complaint
filed prior to service shall be subject to re—screening pursuant
to 28 U.S.C. §l9l5(e)(2) and § l9l5A(a). ***
9. NOTE: *** Discovery motions and motions for appointment
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Case 1:05-cv-00527-SLR Document 50 Filed O9/26/2006 Page 4 of 4
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
UNITED STAT DISTRICT JUDGE
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