Allen v. Miller et al
Filing
11
ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT signed by Hon. Mary Alice Theiler. Service by E-Service on 2/9/2018 as to Mark Miller. **5 PAGE(S), PRINT ALL**(Joseph Allen, Prisoner ID: 904219)(PM) cc: copy or order, Amended Complaint, Motion to Appt Counsel, Waiver of Service emailed to the AGO.
1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
6
7
8
JOSEPH M. ALLEN,
Plaintiff,
9
10
v.
11
MARK MILLER,
Case No. C17-1625-JCC-MAT
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT
Defendant.
12
13
14
This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding
15
with this action pro se and in forma pauperis. The Court, having reviewed plaintiff’s amended
16
complaint, and the balance of the record, hereby ORDERS as follows:
17
(1)
Service by Clerk
18
The Clerk is directed to send to Mark Miller, Correctional Program Manager at the
19
Washington State Reformatory, by e-mail: a copy of plaintiff’s amended complaint (Dkt. 7), a
20
copy of plaintiff’s application for court-appointed counsel (Dkt. 9), and a copy of this Order, a
21
copy of the notice of lawsuit and request for waiver of service of summons, and a waiver of service
22
of summons.
23
///
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT - 1
1
(2)
Response Required
2
Defendant shall have thirty (30) days within which to return the waiver of service of
3
summons. If defendant timely returns the signed waiver, he shall have sixty (60) days after the
4
date designated on the notice of lawsuit to file and serve an answer to the amended complaint or a
5
motion permitted under Rule 12 of the Federal Rules of Civil Procedure.
6
If defendant fails to timely return the signed waiver, he will be personally served with a
7
summons and complaint, and may be required to pay the full costs of such service, pursuant to
8
Rule 4(d)(2) of the Federal Rules of Civil Procedure. A defendant who has been personally served
9
shall file an answer or motion permitted under Rule 12 within thirty (30) days after service.
10
(3)
Filing and Service by Parties, Generally
11
All attorneys admitted to practice before this Court are required to file documents
12
electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,
13
www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
14
Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand
15
corner the name of the magistrate judge to whom the document is directed.
16
Any document filed with the Court must be accompanied by proof that it has been served
17
upon all parties that have entered a notice of appearance in the underlying matter. Plaintiff shall
18
indicate the date the document is submitted for e-filing as the date of service.
19
(4)
Motions, Generally
20
Any request for court action shall be set forth in a motion, properly filed and served.
21
Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
22
part of the motion itself and not in a separate document. The motion shall include in its caption
23
(immediately below the title of the motion) a designation of the date the motion is to be noted for
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT - 2
1
consideration upon the Court’s motion calendar.
2
Stipulated and agreed motions, motions to file over-length motions or briefs, motions for
3
reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2),
4
motions for default, requests for the clerk to enter default judgment, and motions for the court to
5
enter default judgment where the opposing party has not appeared shall be noted for consideration
6
on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions shall be noted for
7
consideration no earlier than the third Friday following filing and service of the motion. See LCR
8
7(d)(3). All dispositive motions shall be noted for consideration no earlier than the fourth Friday
9
following filing and service of the motion. Id.
10
For electronic filers, all briefs and affidavits in opposition to either a dispositive or non-
11
dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday immediately
12
preceding the date designated for consideration of the motion. The party making the motion may
13
electronically file and serve, not later than 11:59 p.m. on the date designated for consideration of
14
the motion, a reply to the opposing party’s briefs and affidavits.
15
(5)
Motions to Dismiss and Motions for Summary Judgment
16
Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil
17
Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil
18
Procedure should acquaint themselves with those rules. As noted above, these motions shall be
19
noted for consideration no earlier than the fourth Friday following filing and service of the motion.
20
Defendants filing motions to dismiss or motions for summary judge are advised that they
21
MUST serve Rand notices concurrently with motions to dismiss based on failure to exhaust
22
administrative remedies and motions for summary judgment so that pro se prisoner plaintiffs will
23
have fair, timely and adequate notice of what is required of them in order to oppose those motions.
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT - 3
1
Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth model language
2
for such notices:
A motion for summary judgment under Rule 56 of the Federal Rules of
Civil Procedure will, if granted, end your case.
3
4
Rule 56 tells you what you must do in order to oppose a motion for summary
judgment. Generally, summary judgment must be granted when there is no
genuine issue of material fact – that is, if there is no real dispute about any
fact that would affect the result of your case, the party who asked for
summary judgment is entitled to judgment as a matter of law, which will
end your case. When a party you are suing makes a motion for summary
judgment that is properly supported by declarations (or other sworn
testimony), you cannot simply rely on what your complaint says. Instead,
you must set out specific facts in declarations, depositions, answers to
interrogatories, or authenticated documents, as provided in Rule 56(e),
that contradict the facts shown in the defendant’s declarations and
documents and show that there is a genuine issue of material fact for
trial. If you do not submit your own evidence in opposition, summary
judgment, if appropriate, may be entered against you. If summary
judgment is granted, your case will be dismissed and there will be no
trial.
5
6
7
8
9
10
11
12
13
14
15
Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added).
Defendants who fail to file and serve the required Rand notice on plaintiff may have their
motion stricken from the Court’s calendar with leave to re-file.
16
(6)
Plaintiff’s Application for Court-Appointed Counsel
17
Plaintiff has submitted to the Court for consideration an application for court-appointed
18
counsel. (Dkt. 9) He asserts therein that he is in maximum custody and has no access to legal
19
materials, including the Westlaw computers. Before ruling on this application, the Court deems it
20
appropriate to give defendant an opportunity to respond to plaintiff’s request for counsel.
21
Accordingly, defendant is directed to file a response to plaintiff’s application for court-appointed
22
counsel not later than April 3, 2018. Plaintiff’s application for court-appointed counsel is noted
23
on the Court’s calendar for consideration on April 6, 2018.
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT - 4
1
(7)
2
No direct communication is to take place with the District Judge or Magistrate Judge with
3
4
Direct Communications with District Judge or Magistrate Judge
regard to this case. All relevant information and papers are to be directed to the Clerk.
(8)
The Clerk is directed to send a copy of this Order to plaintiff. The Clerk is further
5
directed to send a copy of this Order and a courtesy copy of plaintiff’s amended complaint and his
6
application for court-appointed counsel to the Washington Attorney General’s Office.
7
Dated this 9th day of February, 2018.
A
8
Mary Alice Theiler
United States Magistrate Judge
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT - 5
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?