Hunter v. Rohrer et al

Filing 17

ORDER denying as moot Plaintiff's 11 Motion for service by the United States Marshal Service, signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Darrick Hunter, Prisoner ID: 320996)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARRICK L. HUNTER,
Plaintiff,

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CASE NO. 3:18-cv-05198-BHS-JRC
ORDER DENYING MOTION FOR
SERVICE

v.
CHARLES N. ROHRER, et al.,
Defendants.

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Plaintiff Darrick L. Hunter, proceeding pro se and in forma pauperis, filed this civil

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rights action under 42 U.S.C. § 1983. Before the Court is plaintiff’s motion for service by the

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United States Marshal Service. Dkt. 11.

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After screening plaintiff’s complaint, the Court directed the Clerk to serve the complaint

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on plaintiff’s named defendants. Dkt. 4. Several defendants filed waivers of service, but

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defendant Gilbert had not. See Dkts. 7-10. In June of 2018, plaintiff filed a motion for service by

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the Marshal Service. Dkt. 11. He stated that he had diligently attempted to procure the address of

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ORDER DENYING MOTION FOR SERVICE - 1

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defendant Gilbert in order to perfect service on her, but was unsuccessful. Id. He asked the

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Court to direct the Marshall Service to serve his complaint on defendant Gilbert. Id.

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However, after plaintiff filed his motion, defendant Gilbert entered a waiver of service

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and subsequently filed an answer to his complaint. Dkts. 14, 16. As such, plaintiff’s request to

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direct service on defendant Gilbert is now moot.

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Therefore, the Court denies plaintiff’s motion to direct service by the Marshal Service
(Dkt. 11) as moot.
Dated this 25th day of July, 2018.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DENYING MOTION FOR SERVICE - 2