Wynn v. Department of Corrections et al

Filing 7

ORDER DIRECTING SERVICE by 1st Class Mail; mailed on 9/7/11 to Defendants; General Order sent to Pltf., signed by Magistrate Judge Karen L Strombom. (MET) cc: Plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KIMOTHY WYNN,
Plaintiff,

No. C11-5590 RJB/KLS

v.

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WASHINGTON DEPARTMENT OF
CORRECTIONS, BERNIE WARNER,
STEVE SINCLAIR, MAGGIE MILLERSTOUT, SGT. DILDAY, DON J.
DESHAZIER, and MIKE MYER,

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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT

Defendants.

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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has been
granted leave to proceed with this action in forma pauperis. Accordingly, it is ORDERED:
(l)

Service by Clerk

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The Clerk is directed to send the following to the named defendants by first class mail: a

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copy of Plaintiff’s Complaint, a copy of this Order, two copies of the Notice of Lawsuit and

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Request for Waiver of Service of Summons, a Waiver of Service of Summons, and a return

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envelope, postage prepaid, addressed to the Clerk’s Office.

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(2)

Response Required

Defendants shall have thirty (30) days within which to return the enclosed waiver of

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service of summons. A defendant who timely returns a signed waiver shall have sixty (60) days
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after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a
motion permitted under Rule 12 of the Federal Rules of Civil Procedure.
ORDER - 1

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A defendant who fails to timely return a signed waiver will be personally served with a

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summons and complaint, and may be required to pay the full costs of such service, pursuant to

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Rule 4(d)(2). A defendant who has been personally served shall file an answer or motion

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permitted under Rule 12 within thirty (30) days after service.

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(3)

Filing and Service by Parties, Generally

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All attorneys admitted to practice before this Court are required to file documents

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electronically via the court’s CM/ECF system. Counsel are directed to the court’s website,

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www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.

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All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original

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with the Clerk. All filings, whether filed electronically or in traditional paper format, must

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indicate in the upper right hand corner the name of the Magistrate Judge to whom the document

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is directed.
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For any party filing electronically, when the total of all pages of a filing exceeds fifty

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(50) pages in length, a paper copy of the document (with tabs or other organizing aids as

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necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be

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clearly marked with the works “Courtesy Copy of Electronic Filing for Chambers.”

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Finally, any document filed with the court must be accompanied by proof that it has been
served upon all parties that have entered a notice of appearance in the underlying matter.

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(4)

Motions

Regarding the filing of motions before the court, the parties are directed to review Local
Rule CR 7 in its entirety. A few important points are highlighted below:
Any request for court action shall be set forth in a motion, properly filed and served.
Pursuant to amended Local Rule CR 7(b), any argument being offered in support of a motion
ORDER - 2

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shall be submitted as a part of the motion itself and not in a separate document. The motion

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shall include in its caption (immediately below the title of the motion) a designation of the

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date the motion is to be noted for consideration upon the court's motion calendar.

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In all instances where one of the parties to a lawsuit is incarcerated, all categories of non-

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dispositive motions not listed in Local Rule CR 7(d)(1) must be noted for the third Friday after
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the date of filing and service. This applies to all non-dispositive motions, even those which are

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normally (if none of the parties are incarcerated) permitted to be noted 7 judicial days after

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filing. See Local Rule CR 7(d)(2).

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All dispositive motions shall be noted for consideration no earlier than the fourth Friday
following filing and service of the motion.
(5)

Motions for Summary Judgment

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If one of the parties files a motion for summary judgment pursuant to Federal Rules of
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Civil Procedure 56, the opposing party should acquaint him/herself with Rule 56. Rule 56

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requires a nonmoving party to submit affidavits or other evidence in opposition to a motion for

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summary judgment if the moving party has shown the absence of issues of material fact and an

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entitlement to judgment as a matter of law. A nonmoving party may not rest upon the mere

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allegations or denials of prior pleadings. Rather, successful opposition to a motion for summary

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judgment requires the nonmoving party to set forth, through affidavits or other evidence, specific

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facts showing a genuine issue for trial. Failure by the nonmoving party to oppose a summary

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judgment motion or to present counter evidence could result in the court accepting the moving

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party’s evidence as the truth, and entering final judgment in favor of the moving party without a

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full trial. Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997).

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ORDER - 3

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(6)

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No direct communication is to take place with the District Judge or Magistrate Judge with

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Direct Communications with District Judge or Magistrate Judge

regard to this case. All relevant information and papers are to be directed to the Clerk.

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(7)

Clerk’s Action

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The Clerk is directed to send copies of this Order and of the General Order issued by the

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Magistrate Judges to Plaintiffs. The Clerk is further directed to send copies of this Order and a

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courtesy copy of Plaintiffs’ Complaint to the Washington Attorney General’s Office.

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DATED this 7th day of September, 2011.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 4