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

Case 1 :05-cv—00033-GIVIS Document 24 Filed 11/14/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMAH K. GROSVENOR, )
Plaintiff, i
v. g Civil Action No. 05-33-GMS
THOMAS CARROLL, et al., g
Defendants. {
SUPPLEMENTAL SERVICE ORDER
WHEREAS, the plaintiff Jamah K. Grosvenor, a prisoner incarcerated at the Delaware
Correctional Center ("DCC"), filed his original complaint pursuant to 42 U.S.C. § 1983, on April
l0, 2006 (D.I. 2);
WHEREAS, the complaint names as defendants John/Jane Doe members of the Multi-
Disciplinary Team ("MDT"), and John/Jane Doe members of the Institutional Base Classification
Committee ("IBCC");
WHEREAS, on March 30, 2006, the court ordered defendants Jim Simms ("Simms")
and Evelyn Stevenson ("Stevenson") to identify the Jane/John Doe defendants as soon as
possible after the complaint was served;
WHEREAS, Grosvenor was ordered to immediately move the court for an order directing
amendment of the caption and service of the complaint upon learning the identification of the
J ane/J ohn Doe defendants;
WHEREAS, Simms and Stevenson executed waivers of service on May 3, 2006, and
May 8, 2006, respectively (D.I. 10, ll);

Case 1:05-cv—00033-Gl\/IS Document 24 Filed 11/14/2006 Page 2 of 4
WHEREAS, on October 5, 2005, Grosvenor filed a motion to amend the complaint
identifying one IBCC Doe defendant as Jayme Jackson and identifying one MDT Doe defendant
as Sgt. P. Wallace but according to Grosvenor, to date, Simms and Stevenson have not identified
the members of the MDT or the IBCC ;
WHEREAS, the motion to amend complaint also corrects the name of the defendant
Joseph Ballinger to Joseph Belanger (D.I. 23);
THEREFORE, at Wilmington this jilday of November, 2006, IT IS ORDERED that:
1. The clerk of the court shall cause a copy of this order to be mailed to plaintiff.
2. The plaintiff s motion to amend (D.I. 23) is GRANTED.
3. The clerk of the court is directed to amend the court docket by changing the name
Joseph Ballinger to Joseph Belanger. The clerk of the cotut is also directed to amend the court
docket to change the name of John/Jane Doe M.D.T. to Sgt. P. Wallace and the name of
John/Jane Doe IBCC to Jayme Jackson.
4. The defendants Jim Simms and Evelyn Belanger shall provide the names of
remaining members of the MDT and IBCC to the plaintiff within 30 days from the date of this
order. The defendants are to advise the court within the same time period if the names are
unknown to them.
IT IS FURTHER ORDERED that:
l. This order shall supplement the court’s service order (D.I. 6) dated March 31,
2006. .
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiff shall complete and
return to the clerk of the court an original "U.S. Marshal-285" form for the identified D0e
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Case 1:05-cv—00033-Gl\/IS Document 24 Filed 11/14/2006 Page 3 of 4
defendants, Jayme Jackson and Sgt. P. Wallace, as well as for the Attorney General of the
State of Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801, pursuant
to DEL. CODE ANN. tit. 10 § 3103(C). Additionally, the plaintiff shall provide the court with
one copy of the complaint (D.I. 2) for service upon the identified Doe defendants. The
plaintiff is notified that the United States Marshal will not serve the complaint until all
"U.S. Marshal 285" forms have been received by the clerk of the court. Failure to provide
the "U.S. Marshal 285" forms for the newly identified defendants and the attorney general
within 120 days from the date of this order may result in the complaint being dismissed or
the newly identified defendants being dismissed pursuant to Federal Rule of Civil
Procedure 4(m).
3. Upon receipt of the fom1(s) required by paragraph 2 above, the United States
Marshal shall forthwith serve a copy of the complaint, this order, a "Notice of Lawsuit" form, the
filing fee order(s), and a "Return of Waiver" form upon the additional defendant identified in the
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 for failure to sign and retum the waiver.
5. Pursuant to Fed. 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
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Case 1:05-cv—00033-Gl\/IS Document 24 Filed 11/14/2006 Page 4 of 4
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 counsel.
7. 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§ I9l5A(a). ***
8. Note: *** Discovery motions and motions for appointment of counsel filed prior
to service will be dismissed without prejudice, with leave to refile following service. ***
UNIT£; STAij ES DISTRICT JUDGE
F I L E D
NOV l 4 2005
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