Nance v. Bremerton Police Dept., et al.

Filing 45

ORDER that Defendant LaCross serve Plaintiff with a copy of his motion to dismiss by mail and shall file a certificate of mailing with the Court; Defendant LaCross shall re-note his motion to dismiss according to the rules governing the filing of dispositive motions; and the Clerk is directed to strike the present noting date of 12/18/08 for Defendant LaCross' 43 MOTION to Dismiss Party. Signed by Judge Karen L Strombom. (CMG; copy mailed to Plaintiff)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BREMERTON POLICE DEPARTMENT, et al., Defendants. This civil rights action was re-referred to United States Magistrate Judge Karen L. Strombom on January 1, 2009 pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. Presently before the Court is the Motion to Dismiss of Defendant David LaCross. Dkt. # 43. The certificate of mailing attached to Defendant's motion indicates that counsel "electronically filed the [motion], along with a proposed order dismissing defendant LaCross from this action with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel of record in this case." Id., p. 3. Mr. Nance is an incarcerated pro se plaintiff, for whom service of all pleadings and motions must be made in paper form by mail. Therefore, he has not received proper notice of Defendant LaCross's motion. See CM/ECF Civil and Criminal Procedures (If the recipient is not a registered participant in ECF, service of the underlying document must be made by the filer in paper form according ORDER - 1 JAMES NOLEN NANCE, JR., Plaintiff, Case No. C08-5039 BHS/KLS ORDER DIRECTING DEFENDANT LACROSS TO RENOTE MOTION TO DISMISS AFTER PROPER SERVICE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

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to the Federal Rules.). Accordingly, it is ORDERED: (1) Defendant LaCross shall serve Plaintiff with a copy of his motion to dismiss by mail and shall file a certificate of mailing with the Court; (2) Defendant LaCross shall renote his motion to dismiss according to the rules governing the filing of dispositive motions; (3) The Clerk is directed to strike the present noting date of December 18, 2008 for Defendant LaCross's motion to dismiss (Dkt. # 43); and (4) The Clerk shall send copies of this Order to Plaintiff and counsel for Defendant LaCross. DATED this 13th day of January, 2009.

A

Karen L. Strombom United States Magistrate Judge

ORDER - 2