Free Order (PLRA) Service Order (285's in) - District Court of Delaware - Delaware

Case1:O4—cv-01334-KAJ D0cument9 Filed 08/O1/2005 Page10f3
IN THE UNITED STATES DISTRICT
M
FOR THE DISTRICT OF DELAWARE
DONALD JORDON, )
)
Plaintiff, )
)
v. ) Civ. N0. 04-1334-KAJ
)
STATE OF DELAWARE, by and )
through the DELAWARE )
DEPARTMENT OF CORRECTIONS, )
STANLEY TAYLOR COMMISSIONER, )
PAUL W. HOWARD BUREAU CHIEF, )
BEN ROBINSON M.D. MEDICAL )
DIRECTOR, RICK KEARNEY WARDEN )
SUSSEX CORRECTIONAL )
INSTITUTION, ROBERTA BURNS )
M.D. STAFF PHYSICIAN, SUSAN )
RICKARDS ADMINISTRATOR OF )
HEALTH SERVICES, and JOHN AND )
JANE DOES I—XII, )
)
Defendants. )
ORDER
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At Wilmington this 2- sy Or `Â¥` , _ _ , 2005,
the plaintiff having satisfied the filing prereguisites of 28
U.S.C. § l9l5A; and the Court having determined that the
complaint is not frivolous within the meaning of 28 U.S.C. §
l9l5A(b);
IT IS ORDERED that:
I. 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

Case 1:04-cv-01334-KAJ Document 9 Filed 08/O1/2005 Page 2 of 3
plaintiff has completed and returned to the Clerk of the Court an
original "U.S. Marshal-285" form for each identified defendant as
well as for the Attorney General of the State of Delaware, 820 N.
FRENCH STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL. Coos
ANN. tit. 10 § 3103{c). Additionally, the plaintiff has provided
the Court with one copy of the complaint for service upon each
defendant. 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 return the waiver.
5. Pursuant to Fed. R. Civ. P. 4(d)(3), a defendant
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Case 1:04-cv-01334-KAJ Document 9 Filed 08/O1/2005 Page 3 of 3
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.
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.

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