Hodges v. The State of Washington in and for Clark County et al

Filing 7

ORDER DIRECTING SERVICE by 1st Class Mail; mailed on 2/1/12 to Vancouver City Council and the State of Washington; General Order sent to Pltf. Signed by Magistrate Judge J Richard Creatura. (CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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NATHANIEL ALEXANDER HODGES,
Plaintiff,

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ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT

v.

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CASE NO. C11-6036-RJB-JRC

THE STATE OF WASHINGTON IN AND
FOR CLARK COUNTY et al.

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Defendants.
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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has been
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granted leave to proceed with this action in forma pauperis. The Court, having reviewed
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Plaintiff’s complaint, does hereby ORDER as follows:
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(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 civil rights complaint, a copy of this Order, two copies of the Notice of
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Lawsuit and Request for Waiver of Service of Summons, a Waiver of Service of Summons, and
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a return envelope, postage prepaid, addressed to the Clerk’s Office.
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 1

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(2)

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

Response Required

4 service of summons. A defendant who timely returns a signed waiver shall have sixty (60) days
5 after the date designated on the notice of lawsuit to file and serve an answer to the amended
6 complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure.
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A defendant who fails to timely return a signed waiver will be personally served with a

8 summons and complaint, and may be required to pay the full costs of such service, pursuant to
9 Rule 4(d)(2). A defendant who has been personally served shall file an answer or motion
10 permitted under Rule 12 within thirty (30) days after service.
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(3)

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

Filing and Service by Parties, Generally

13 electronically via the court’s CM/ECF system. Counsel is directed to the Court’s website,
14 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
15 All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original
16 with the Clerk. All filings, whether filed electronically or in traditional paper format, must
17 indicate in the upper right hand corner the name of the Magistrate Judge to whom the document
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For any party filing electronically, when the total of all pages of a filing exceeds fifty

20 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as
21 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be
22 clearly marked with the works “Courtesy Copy of Electronic Filing for Chambers.”
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 2

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Finally, any document filed with the court must be accompanied by proof that it has been

2 served upon all parties that have entered a notice of appearance in the underlying matter.
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(4)

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Regarding the filing of motions before the court, the parties are directed to review Local

Motions

5 Rule CR 7 in its entirety. A few important points are highlighted below:
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Any request for court action shall be set forth in a motion, properly filed and served.

7 Pursuant to amended Local Rule CR 7(b), any argument being offered in support of a motion
8 shall be submitted as a part of the motion itself and not in a separate document. The motion
9 shall include in its caption (immediately below the title of the motion) a designation of the
10 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-

12 dispositive motions not listed in Local Rule CR 7(d)(1) must be noted for the third Friday after
13 the date of filing and service. This applies to all non-dispositive motions, even those which are
14 normally (if none of the parties are incarcerated) permitted to be noted 7 judicial days after
15 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

17 following filing and service of the motion.
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(5)

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If one of the parties files a motion for summary judgment pursuant to Federal Rules of

Motions for Summary Judgment

20 Civil Procedure 56, the opposing party should acquaint him/herself with Rule 56. Rule 56
21 requires a nonmoving party to submit affidavits or other evidence in opposition to a motion for
22 summary judgment if the moving party has shown the absence of issues of material fact and an
23 entitlement to judgment as a matter of law. A nonmoving party may not rest upon the mere
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 3

1 allegations or denials of prior pleadings. Rather, successful opposition to a motion for summary
2 judgment requires the nonmoving party to set forth, through affidavits or other evidence, specific
3 facts showing a genuine issue for trial. Failure by the nonmoving party to oppose a summary
4 judgment motion or to present counter evidence could result in the court accepting the moving
5 party’s evidence as the truth, and entering final judgment in favor of the moving party without a
6 full trial. Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997).
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(6)

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

Direct Communications with District Judge or Magistrate Judge

9 regard to this case. All relevant information and papers are to be directed to the Clerk.
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(7)

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

Clerk’s Action

12 Magistrate Judges to Plaintiff.
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Dated this 1st day of February, 2012.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 4