Davis v. Washington State Department of Corrections

Filing 23

ORDER DIRECTING SERVICE by E-Service on 10/24/16 to Peter Green, James Harvey, Eric Smith; signed by MagistrateJudge J Richard Creatura. **5 PAGE(S), PRINT ALL**(Willie Davis, Prisoner ID: 629857)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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WILLIE C DAVIS,
Plaintiff,

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v.
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PETER GREEN, JAMES HARVEY,
ERIC SMITH,

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CASE NO. 3:16-CV-05146-RBL-JRC
ORDER DIRECTING SERVICE OF
FIRST AMENDED CIVIL RIGHTS
COMPLAINT

Defendants.

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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding
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with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the Stafford
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Creek Corrections Center and is subject to Mandatory Electronic E-Filing pursuant to General
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Orders 02-15 and 06-16. The Court, having reviewed plaintiff’s first amended complaint (Dkt.
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21), hereby ORDERS as follows:
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(1)

Service by Clerk

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The Clerk is directed to send the following to the named defendants by email: a copy of
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plaintiff’s first amended complaint (Dkt. 21), a copy of this Order, two copies of the notice of
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lawsuit and request for waiver of service of summons, and a waiver of service of summons. If
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service is by first class mail, a return envelope, postage prepaid, addressed to the Clerk’s Office
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shall also be sent.
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ORDER DIRECTING SERVICE OF FIRST
AMENDED CIVIL RIGHTS COMPLAINT - 1

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(2)

Response Required

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

3 service of summons. A defendant who timely returns the signed waiver shall have sixty (60)
4 days after the date designated on the notice of lawsuit to file and serve an answer to the
5 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 the signed waiver 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
9 served shall file an answer or motion permitted under Rule 12 within thirty (30) days after
10 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 are directed to the Court’s website,
14 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
15 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand
16 corner the name of the magistrate judge to whom the document is directed.
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Any document filed with the Court must be accompanied by proof that it has been served

18 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs shall
19 indicate the date the document is submitted for e-filing as the date of service.
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(4)

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As a registered user of the Court’s electronic filing system, you must accept electronic

Non-State Defendants

22 service of all court filings (except original service of a complaint) by prisoner litigants housed at
23 the Washington State Penitentiary (WSP), Stafford Creek Corrections Center (SCCC), Coyote
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ORDER DIRECTING SERVICE OF FIRST
AMENDED CIVIL RIGHTS COMPLAINT - 2

1 Ridge Corrections Center (CRCC), or Monroe Correctional Complex (MCC) who are subject to
2 Mandatory Electronic E-Filing. WSP, SCCC, CRCC, and MCC prisoner litigants are no longer
3 required to serve their court filings on the Court or defendants by mail. Service by mail of your
4 court filings to WSP, SCCC, and CRCC prisoner litigants is also no longer required.
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(5)

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Any request for court action shall be set forth in a motion, properly filed and served.

Motions, Generally

7 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
8 part of the motion itself and not in a separate document. The motion shall include in its caption
9 (immediately below the title of the motion) a designation of the date the motion is to be noted for
10 consideration upon the Court’s motion calendar.
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Stipulated and agreed motions, motions to file over-length motions or briefs, motions for

12 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2),
13 motions for default, requests for the clerk to enter default judgment, and motions for the court to
14 enter default judgment where the opposing party has not appeared shall be noted for
15 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions
16 shall be noted for consideration no earlier than the third Friday following filing and service of the
17 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier
18 than the fourth Friday following filing and service of the motion. Id.
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For electronic filers, all briefs and affidavits in opposition to either a dispositive or non-

20 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday
21 immediately preceding the date designated for consideration of the motion.
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ORDER DIRECTING SERVICE OF FIRST
AMENDED CIVIL RIGHTS COMPLAINT - 3

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The party making the motion may electronically file and serve not later than 11:59 p.m.

2 on the date designated for consideration of the motion, a reply to the opposing party’s briefs and
3 affidavits.
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(6)

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Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil

Motions to Dismiss and Motions for Summary Judgment

6 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil
7 Procedure should acquaint themselves with those rules. As noted above, these motions shall be
8 noted for consideration no earlier than the fourth Friday following filing and service of the
9 motion.
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Defendants filing motions to dismiss based on a failure to exhaust or motions for

11 summary judgement are advised that they MUST serve a Rand notice concurrently with motions
12 to dismiss based on a failure to exhaust and motions for summary judgment so that pro se
13 prisoner plaintiffs will have fair, timely and adequate notice of what is required of them in order
14 to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit
15 has set forth model language for such notices:
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A motion for summary judgment under Rule 56 of the Federal Rules of
Civil Procedure will, if granted, end your case.

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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

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ORDER DIRECTING SERVICE OF FIRST
AMENDED CIVIL RIGHTS COMPLAINT - 4

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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.

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3 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added).
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Defendants who fail to file and serve the required Rand notice on plaintiff may have their

5 motion stricken from the Court’s calendar with leave to re-file.
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(7)

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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

8 regard to this case. All relevant information and papers are to be directed to the Clerk.
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(8)

The Clerk is directed to send copies of this Order to plaintiff. The Clerk is further

10 directed send a copy of this Order and a courtesy copy of plaintiff’s complaint to Washington
11 State Attorney General’s Office by email.
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Dated this 24th day of October, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DIRECTING SERVICE OF FIRST
AMENDED CIVIL RIGHTS COMPLAINT - 5