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

Case 1:04-cv-01523-JJF Document 6 Filed 11/01/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBBIE D. JONES, :
Plaintiff, ;
v. Z Civil Action No. 04-1523-JJF
COMMISSIONER STAN TAYLOR, E
WARDEN RICK KEARNEY, SGT. :
BARRY BILES, AND C/O :
TEANNA BANKS, :
Defendants. E
O R D E R
WHEREAS, the plaintiff having satisfied the filing
prerequisites of 28 U.S.C. § 1915A; and the Court having
determined that the Complaint is not frivolous within the meaning
of 28 U.S.C. § 1915A(b);
IT IS ORDERED that:
1. 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 complete and return to the Clerk of the Court an {
original “U.S. Marshal—285" form for each defendant, as well as T
for the Attorney General of the State of Delaware, 820 N. FRENCH E
W
STREET, WILMINGTON, DELAWARE 19801, pursuant to Del. C. Ann. tit. S
10 § 3103(c). Additionally, the plaintiff shall provide the E
Court with one copy of the complaint for service upon each n
defendant. Furthermore, the plaintiff is notified that the

Case 1:04-cv-01523-JJF Document 6 Filed 11/O1/2005 Page 2 of 3
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 each
defendant and the attorney general within 120 days 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, 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.
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 l
return the waiver.
5. 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 U
complaint within sixty (60) days from the date upon which the Q
complaint, this order, the “Notice of Lawsuit" form, and the 5
2
(
I

Case1:O4-cv-01523-JJF D0cument6 Filed 11/O1/2005 Page30f3
“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. The clerk is instructed not
to accept any such document unless accompanied by proof of
service.
M I
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DATE UFIIED S ATH? DISTRICT” {WEE