Wilder v. Stegner

Filing 16

MEMORANDUM DECISION AND ORDER re 12 Notice to Pro Se Litigants of the Summary Judgment, 15 MOTION re 11 MOTION to Dismiss filed by Mark Wilder. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MARK WILDER,
Plaintiff,

Case No. 3:12-CV-304-BLW

v.

MEMORANDUM DECISION
AND ORDER

JOHN R. STEGNER, Individually and
in his official capacity as District Court
Judge for Latah County,
Defendant.

MEMORANDUM DECISION
Defendants have filed a motion to dismiss. In response, plaintiff Wilder filed a Motion to
Deny Order Granting Motion to Dismiss. Wilder represents that he never received defendants’
motion to dismiss, and requests additional time to answer that motion.
The defendants’ certificate of mailing on their motion to dismiss states that they mailed it
to the plaintiff, representing himself, at a P.O. box number. However, all of plaintiffs’ pleadings
in this case, and his information on CM/ECF, list his address as being on Pullman Road, and do
not mention a P.O. box number. There is no indication in the record that defendants sent the
motion to dismiss to Wilder at the Pullman Road address.
The Court will therefore direct defendants to send the motion to dismiss to Wilder at the
Pullman Road address listed on CM/ECF immediately upon receiving this decision. The time
limits set by Local Rule and the Federal Rules of Civil Procedure, and consequences for late

Memorandum Decision & Order - 1

filing, shall apply.
Wilder has returned other pleadings because his name in the case caption was spelled in
all capital letters. This is not, however, a valid reason to challenge the pleading. If Wilder
returns the motion to dismiss because his name is spelled in capital letters, the time for his
response will continue to run, and if no response is filed within the deadline, the motion will be
granted and his case dismissed.
The Notice (docket no. 12) which must be sent to all pro se litigants was sent to the
correct address and therefore does not need to be resent.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that defendants re-send their motion to
dismiss and supporting documents to the plaintiff at his current address on Pullman Road as set
forth on CM/ECF.
IT IS FURTHER ORDERED, that if Wilder returns the motion to dismiss because his
name is spelled in capital letters, the time for his response will continue to run, and if he files no
response within the deadline, the motion will be granted and his case dismissed.

DATED: December 10, 2012

Honorable B. Lynn Winmill
Chief U. S. District Judge

Memorandum Decision & Order - 2