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

Case 1:04-cv-01328-GIVIS Document 8 Filed 08/30/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES HALL, )
Plaintiff, g
v. g Civ. No. 04-1328-GMS
DAVID HoLMAN, LAwRENcE g F I L E D
MCGUIGAN, and CLYDE D. )
SAGERS, g
Defendants. )
¤}é$¤3£$%*é%*E‘.EL°$E§E
ORDER
At Wilmington this ay of , 2005,
the plaintiff having satisfied the filing prergguisites 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
for the Attorney General of the State of Delaware, 820 N. FRENCH
STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL. Cm :ANN.
tit. 10 § 3103(c). Additionally, the plaintiff shall provide the

Case 1:04-cv-01328-GIVIS Document 8 Filed 08/30/2005 Page 2 of 3
Court with three copies of the complaint (D.I. 2) and the amended
complaint (D.I. 4) for service upon each defendant. Furthermore,
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 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 (D.I. 2), the amended complaint (D.I. 4), 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 Q
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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Case1:04—cv—01328-GMS Document8 Filed 08/30/2005 Page3of3
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.

United S ates Di 'rict Judge
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