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

Case 1 :08-cv—00099-GIVIS Document 14 Filed 05/16/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHAWN WRIGHT, )
Plaintiff, i
v. i Civ. Action No. 08-099-GMS
JAMES E. LIGUORI, LIGUORI, MORRIS i
AND YIENGST, and WACHOVIA BANK )
NATIONAL ASSOCIATION, )
Defendants. i
IC '/\ ORDER
At Wilmington this day of I g , 2008, the plaintiff having satisfied the
filing prerequisites of 28 U.S.C. § 1915A, the parties being diverse, and the court having
identified what appear to be cognizable negligence claims against the defendants;
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 provide complete,
original "U.S. Marshal—285" forms for the defendants. The plaintiff has provided the court
with copies of the complaint (D.I. 2) and amended complaint (D.I.8) for service upon the
defendants. The plaintiff is notified that the United States Marshal will not serve the
complaint and amended complaint until all "U.S. Marshal 285" forms have been received
by the clerk of the court. Failure to provide the "U.S. Marshal l285" forms for the
defendants 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).
3. Upon receipt of complete USM-285 forms for the defendants, the United States

Case 1:08-cv—00099-Gl\/IS Document 14 Filed 05/16/2008 Page 2 of 2
Marshal shall serve a copy of the complaint, amended complaint, and this order upon the
defendants as directed by the plaintiff. All costs of service shall be advanced by the United
States.
4. 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.
5. 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. §l9l 5(e)(2)
and § l9l5A(a). ***
6. NOTE: *** Discovery motions and motions for appoint1nent of counsel filed prior to
service will be dismissed without prejudice, with leave to refile following service. ***

CHI , UNI D STATES DISTRICT JUDGE
F I L E D
I MAY l 6 2008
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Case 1:08-cv-00099-GMS

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Case 1:08-cv-00099-GMS

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