Curtis v. Leathers et al

Filing 26

ORDER granting Plaintiff's 23 Motion for Extension of Time to Effect Service. Plaintiff shall attempt to effect personal service no later than September 26, 2017. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL**(James Curtis, Prisoner ID: 984533) (TH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 JAMES EDWARD CURTIS, Plaintiff, 9 10 11 12 13 v. LEATHERS (FNU), et al., CASE NO. C17-474 RAJ-BAT ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENTION OF TIME TO EFFECT SERVICE Defendant. On August 28, 2017, James Curtis filed a motion for extension of time to effect service. 14 Dkt. 23. The Court directed counsel for the Department of Corrections to indicate whether 15 counsel will accept service on behalf of Ms. Leathers (aka Jorgenson), or whether Mr. Curtis 16 should attempt to effect personal service. Dkt. 24. Defendant’s counsel declined to accept service 17 on behalf of Ms. Leathers averring because Ms. Leathers is currently unavailable, counsel cannot 18 act on her behalf. Dkt. 25 at 2. Defendant’s counsel also opposes extending the time to effect 19 service arguing plaintiff’s attempts may be futile. Id. However, because it is premature to 20 conclude attempts to effect personal service is futile, the Court ORDERS: 21 1. Plaintiff’s motion for extension, Dkt. 23, is GRANTED. Plaintiff shall attempt to 22 effect personal service no later than September 26, 2017, and shall file with the 23 Court proof of service, as set forth in Local Civil Rule 5(f), no later than September ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENTION OF TIME TO EFFECT SERVICE - 1 1 2 3 4 28, 2017, 2. The Clerk shall provide a copy of this order to the parties, and the Honorable Richard A. Jones. DATED this 5th day of September, 2017. 5 A 6 BRIAN A. TSUCHIDA United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENTION OF TIME TO EFFECT SERVICE - 2

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