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


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Date: July 30, 2008
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State: Delaware
Category: District Court of Delaware
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Preview Order (PLRA) Service Order (no 285's) - District Court of Delaware
Case 1:08-cv-00271-JJF Document 7 Filed 07/29/2008 Page1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN E. MILLER, :
Plaintiff, ;
v. E Civil Action No. 08-271-JJF
COMMISSIONER STANLEY TAYLOR, ;
COMMISSIONER D.O.C. CARL :
DANBURG, DCC WARDEN THOMAS :
CARROLL, ACTING WARDEN :
ELIZABETH BURRIS, JOSEPH :
RICHARDSON, MAJOR HOLMAN, and :
EIGHT JOHN DOES, :

Plaintiff having satisfied the filing prerequisites of 28
U.S.C. § 1915A and the Court having identified what appear to be
cognizable claims 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 Plaintiff.
2. The Complaint lists Eight John Doe Defendants. When
Plaintiff learns the identities of the John Doe Defendants, he
shall immediately move the Court for an order directing amendment
of the caption and service of the Complaint on them.
3. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff shall complete and return to the Clerk of the Court
signed, original "U.S. Marshal-285" forms for Defendants, as well
as for the Attorney General of the State of Delaware, 820 N.
FRENCH STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL. CoDE

Case 1:08-cv-00271-JJF Document 7 Filed 07/29/2008 Page 2 of 3
ANN. tit. 10 § 3103(c). Plaintiff shall also provide the Court
with copies of the Complaint (D.I. 2) for service upon Defendants
and the Attorney General. Plaintiff is notified that the United
States Marshal will not serve the Complaint until all "U.S.
Marshal 285" forms and copies of the Complaint have been received
by the Clerk of the Court. Failure to provide the "U.S. Marshal
285" forms and copies of Complaints for Defendants and the
Attorney General within 120 days from the date of this Order may
result in the Complaint being dismissed or Defendants being
dismissed pursuant to Federal Rule of Civil Procedure 4(m).
4. Upon receipt of the form(s) required by paragraph 3
above, the United States Marshal shall forthwith serve a copy of
the Complaint (D.I. 2), this Order, a "Notice of Lawsuit" form,
the filing fee order(s), and a "Return of Waiver" form upon the
Defendant so identified in each 285 form.
5. 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 pursuant to Fed. R. Civ. P. 4(c)(2) and said Defendant
shall be required to bear the cost related to such service,
unless good cause is shown for failure to sign and return the
waiver.
6. Pursuant to Fed. R. Civ. P. 4(d)(3), a Defendant who,
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Case 1:08-cv-00271-JJF Document 7 Filed 07/29/2008 Page 3 of 3
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.
7. 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.
8. 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. § 1915(e)(2) and § 1915A(a). ***
9. NOTE: *** Discovery motions and motions for appointment
of counsel filed prior to service will be dismissed without
prejudice, with leave to refile following service. ***
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DA UN D ST TE ISTRICT GE
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