Burton v Schneider, et al
Filing
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ORDER DIRECTING SERVICE by electronic means to defendants. Service order, complaint and notice of lawsuit and waiver of service emailed on 7/25/17. Signed by Magistrate Judge Theresa L Fricke. (Attachments: # 1 pro se information sheet)**6 PAGE(S), PRINT ALL**(Lonnie Burton, Prisoner ID: 978598)(CMG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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LONNIE BURTON,
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Plaintiff,
CASE NO. 3:17-cv-5518 RBL-TLF
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v.
ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT
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TRACY SCHNEIDER, a/k/a CORNISH, et
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Defendants.
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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding
16 with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the Stafford
17 Creek Corrections Center and is subject to Mandatory Electronic E-Filing pursuant to General
18 Orders 02-15 and 06-16. The Court, having reviewed plaintiff’s complaint, hereby ORDERS as
19 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 e-mail: copies of
22 plaintiff’s complaint, this Order, the notice of lawsuit and request for waiver of service of
23 summons, and a waiver of service of summons.
ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 1
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(2)
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Defendant(s) shall have thirty (30) days within which to return the enclosed waiver of
Response Required
4 service of summons. A defendant who timely returns the signed waiver shall have sixty (60)
5 days after the date designated on the notice of lawsuit to file and serve an answer to the
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 the 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) of the Federal Rules of Civil Procedure. A defendant who has been personally
10 served shall file an answer or motion permitted under Rule 12 within thirty (30) days after
11 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
14 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,
15 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
16 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand
17 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
19 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs shall
20 indicate the date the document is submitted for e-filing as the date of service.
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(4)
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Any request for court action shall be set forth in a motion, properly filed and served.
Motions, Generally
23 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 2
1 part of the motion itself and not in a separate document. The motion shall include in its caption
2 (immediately below the title of the motion) a designation of the date the motion is to be noted for
3 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
5 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2),
6 motions for default, requests for the clerk to enter default judgment, and motions for the court to
7 enter default judgment where the opposing party has not appeared shall be noted for
8 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions
9 shall be noted for consideration no earlier than the third Friday following filing and service of the
10 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier
11 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-
13 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday
14 immediately preceding the date designated for consideration of the motion.
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The party making the motion may electronically file and serve not later than 11:59 p.m.
16 on the date designated for consideration of the motion, a reply to the opposing party’s briefs and
17 affidavits.
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(5)
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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
20 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil
21 Procedure should acquaint themselves with those rules. As noted above, these motions shall be
22 noted for consideration no earlier than the fourth Friday following filing and service of the
23 motion.
ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 3
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Defendants filing motions to dismiss based on a failure to exhaust or motions for
2 summary judge are advised that they MUST serve a Rand notice concurrently with motions to
3 dismiss based on a failure to exhaust and motions for summary judgment so that pro se prisoner
4 plaintiffs will have fair, timely and adequate notice of what is required of them in order to
5 oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit
6 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
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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17 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
19 motion stricken from the Court’s calendar with leave to re-file.
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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
22 regard to this case. All relevant information and papers are to be directed to the Clerk.
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 4
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(7)
The Clerk is directed to send copies of this Order and the pro se instruction sheet
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Dated this 24th day of July, 2017.
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A
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Theresa L. Fricke
United States Magistrate Judge
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 5
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