Curtis v. Leathers et al

Filing 22

ORDER TO SHOW CAUSE by Judge Brian A. Tsuchida as to why Plaintiff's claims against Defendant Leathers (FNU), a/k/a Jaclyn Jorgenson should not be dismissed without prejudice. Plaintiff's Show Cause Response due by 8/31/2017,. **2 PAGE(S), PRINT ALL** (James Curtis, Prisoner ID: 984533) (PM)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 4 5 JAMES E. CURTIS, 6 Plaintiff, 7 v. Case No. C17-474 RAJ-BAT ORDER TO SHOW CAUSE RE: SERVICE OF DEFENDANT 8 LEATHERS (FNU), WASHINGTON DEPARTMENT OF CORRECTIONS, 9 Defendants. 10 Mr. Curtis is an inmate under the custody of the DOC. He filed this 42 U.S.C. § 1983 11 action against one named Defendant, “Leathers (FNU)”, and the DOC1. Dkt. 7. Mr. Curtis 12 alleges that Defendants Leathers wrongfully rejected his incoming prison mail. Id., p. 5. 13 The DOC waived service on June 5, 2017. Dkt. 11. Under the “Prisoner E-Filing 14 Initiative: Consent to Receive Electronic Notice and Authorizing Delivery of Service Documents 15 Via E-Mail” agreement between the Attorney General’s Office and the Court, defense counsel 16 notified the Court that “Leathers (FNU)” is not a current Washington state employee. Dkt. 9. 17 Mr. Curtis sought pre-service discovery to obtain the full name and address of Defendant 18 “Leathers (FNU).” Dkt. 12. That motion was denied because, according to counsel for the 19 DOC, Ms. Leathers had moved out of state and may have changed her name. Dkt. 17. The DOC 20 provided her new name and last known address to the Court under seal. 21 22 23 1 Under separate Report and Recommendation, the Court is recommending that Mr. Curtis’s claims against the DOC be dismissed with prejudice as the State of Washington has not waived its Eleventh Amendment immunity. ORDER TO SHOW CAUSE RE: SERVICE - 1 1 On July 17, 2017, based on information provided by the DOC to the Court under seal, the 2 Court directed service of the summons and complaint on Jaclyn Jorgenson. Dkt. 19. On July 31, 3 2017, the Court’s mail to Defendant Leathers, a/k/a Jaclyn Jorgenson was returned by the United 4 States Post Office marked “Mail Returned as Undeliverable, Return to Sender, Attempted – Not 5 Known Unable to Forward.” Dkt. 20. 6 7 DISCUSSION “‘A federal court is without personal jurisdiction over a defendant unless the defendant 8 has been served in accordance with Fed. R. Civ. P. 4.’” Travelers Cas. & Sur. Co. of Am. v. 9 Brenneke, 551 F.3d 1132, 1135 (9th Cir.2009) (quoting Benny v. Pipes, 799 F.2d 489, 492 (9th 10 Cir.1986)). Rule 4(m) provides that: 11 12 13 If a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. 14 Fed.R.Civ.P. 4(m). 15 Neither the Court nor Defendant DOC have further information regarding the 16 whereabouts of Defendant Leathers. This Court cannot exercise jurisdiction over a defendant 17 who has not been served. Accordingly, Mr. Curtis is ORDERED to show good cause why his 18 claims against Defendant Leathers (FNU), a/k/a Jaclyn Jorgenson should not be dismissed 19 without prejudice. Mr. Curtis shall file his response to this Order by August 31, 2017. 20 DATED this 3rd day of August, 2017. A 21 BRIAN A. TSUCHIDA United States Magistrate Judge 22 23 ORDER TO SHOW CAUSE RE: SERVICE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?