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

Case 1:05-cv-00058-JJF Document 7 Filed 11/15/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TERENCE HIGGINS, :
Plaintiff, E
v. ; Civil Action No. 05-58-JJF
THOMAS CARROLL, DR. ALI, and E
FIRST CORRECTIONAL MEDICAL, :
Defendants. i
Ql°—..¤Ei<
At Wilmington, this__£§ % day of November 2005, for the
reasons set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that:
l. The Clerk shall mail a copy of this Order and the Memorandum
Opinion to Plaintiff.
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 each Defendant as well
as for the Attorney General of the State of Delaware, 820 N.
FRENCH STREET, WILMINGTON, DELAWARE, l980l, pursuant to Del. i
Code Ann. tit. lO § 3lO3(c). Additionally, Plaintiff shall l
provide the Court with three copies of the Complaint (D.I. E
2) for service upon the Defendants. Further, Plaintiff is g
notified that the United States Marshal will not serve the
Complaint until all "U.S. Marshal 285" forms have been 1
received by the Clerk of the Court. Failure to provide the i

"U.S. Marshal 285" forms for each Defendant within 120 days .

Case 1:05-cv-00058-JJF Document 7 Filed 11/15/2005 Page 2 of 3
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 Memorandum Opinion and 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 C
for failure to sign and return the waiver. ,
5. Pursuant to Fed. R. Civ. P. 4(d)(3), a Defendant, who before 5
being served with process timely returns a waiver as E
Y
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 y
the "Return of Waiver" form are sent. If a Defendant g
responds by way of a motion, said motion shall be 5
accompanied by a brief or a memorandum of points and l

Case 1:05-cv-00058-JJF Document 7 Filed 11/15/2005 Page 3 of 3
authorities and any supporting affidavits.
6. No communication, including pleadings, briefs, statements 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. The Clerk is instructed
not to accept any such document unless accompanied by proof
of service.
s =is #
UN TSD STATES DISTRICT JUDGE
l