Casterlow-Bey v. Keisler et al

Filing 17

ORDER TO SHOW CAUSE OR FILE WAIVERS OF SERVICE AND ANSWER signed by Magistrate Judge Theresa L Fricke. Defendants are Ordered to Show Cause on or before February 7, 2018, why personal service should not be ordered and defendants directed to pay the costs of service. **2 PAGE(S), PRINT ALL**(Gary Casterlow-Bey, Prisoner ID: 911900)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GARY CASTERLOW-BEY,
Case No. C17-5561-BHS-TLF

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Plaintiff,
ORDER TO SHOW CAUSE OR
FILE WAIVERS OF SERVICE AND
ANSWER

v.
J. KEISLER,
Defendants.

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. On August 11, 2017, the Court issued an order

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directing service of the complaint and associated documents in this matter by first class mail.

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Dkt. 8. Pursuant to that Order, defendants had thirty (30) days in which to return the waivers of

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service enclosed with the complaint and, in the event they did so, sixty (60) days from the date

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designated on the notice of lawsuit to file and serve an answer to the complaint or a motion

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permitted under Federal Rule of Civil Procedure 12. Id. The Order further provided that, in the

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event defendants failed to timely return the signed waiver they would be “personally served with

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a 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) of the Federal Rules of Civil Procedure.” Id. Counsel filed notices of appearance on

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behalf of defendants in this action on August 22, 2017, and September 18, 2017. Dkt. 10; Dkt.

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13. However, to date defendants have failed to either return the waivers of service or file an

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answer or motion under Rule 12 and their time to do so has expired.

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ORDER TO SHOW CAUSE OR FILE WAIVERS OF
SERVICE AND ANSWER - 1

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Accordingly, the Court hereby ORDERS defendants to show cause on or before

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February 7, 2018, why personal service should not be ordered and defendants directed to pay

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the costs of service. Defendants may also satisfy this Order by filing signed waivers of service on

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or before February 7, 2018. In the event defendants file signed waivers of service, within thirty

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(30) days thereafter defendants shall file and serve an answer or a motion directed to the

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complaint, as permitted by Rule 12 of the Federal Rules of Civil Procedure.

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The Clerk is directed to send copies of this order to all parties.

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Dated this 23rd day of January, 2018.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER TO SHOW CAUSE OR FILE WAIVERS OF
SERVICE AND ANSWER - 2