Adams v. Lanum et al

Filing 12

ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT electronically to Defendants Bruce Lanum and Adam Clarno. ( 11 Second Amended Complaint, this Order, and the notice of lawsuit and request for waiver of service of summons, and a waiver of service of summons emailed to Washington State Attorney General's Office on 3/27/2024.) Signed by Judge David W. Christel. (Attachments: # 1 Pro Se Instruction Sheet)**6 PAGE(S), PRINT ALL**(Ryan Adams, Prisoner ID: 415205)(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RYAN SCOTT ADAMS,
Plaintiff,

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v.
BRUCE LANUM, et al.,

ORDER DIRECTING SERVICE OF
CIVIL RIGHTS COMPLAINT

Defendants.

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CASE NO. 3:24-CV-5034-KKE-DWC

This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding

14 with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the
15 Washington State Penitentiary and is subject to the Court’s Prisoner E-Filing Initiative pursuant
16 to General Order 06-16. The Court, having reviewed Plaintiff’s Second Amended Complaint
17 (Dkt. 11), hereby ORDERS as follows:
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(1)

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The Clerk is directed to send the following to Defendants Bruce Lanum and Adam

Service by Clerk

20 Clarno by e- mail: a copy of the Second Amended Complaint, a copy of this Order, a copy of the
21 notice of lawsuit and request for waiver of service of summons, and a waiver of service of
22 summons.
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 1

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(2)

Response Required

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Defendants 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.
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(3)

Filing and Service by Parties, Generally

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

11 electronically via the Court’s CM/ECF system. Counsel is directed to the Court’s website,
12 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
13 Plaintiff shall file all documents electronically. All filings must indicate in the upper right-hand
14 corner the name of the United States 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

16 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs
17 subject to the Court’s E-Filing Initiative shall indicate the date the document is submitted for e18 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

21 service of all court filings (except original service of the complaint) by prisoner litigants housed
22 at facilities actively engaged in the Prisoner E-Filing Initiative. Prisoner litigants incarcerated at
23 facilities actively engaged in the Prisoner E-Filing Initiative are no longer required to serve their

ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 2

1 court filings on the Court or defendants by mail. Service by mail of your court filings to prison
2 litigants housed in facilities actively engaged in the Prisoner E-Filing Initiative is also no longer
3 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

6 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
7 part of the motion itself and not in a separate document. The motion shall include in its caption
8 (immediately below the title of the motion) a designation of the date the motion is to be noted for
9 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

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

19 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday
20 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.

22 on the date designated for consideration of the motion, a reply to the opposing party’s briefs and
23 affidavits.

ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 3

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(6)

Motions to Dismiss and Motions for Summary Judgment

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

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

8 summary judge are advised that they MUST serve a Rand notice concurrently with motions to
9 dismiss based on a failure to exhaust and motions for summary judgment so that pro se prisoner
10 plaintiffs will have fair, timely and adequate notice of what is required of them in order to
11 oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has
12 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.
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.

22 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added).
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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 4

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Defendants who fail to file and serve the required Rand notice on plaintiff may have their

2 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

5 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 and of the Court’s pro se

7 instruction sheet to plaintiff. The Clerk is further directed to send a copy of this Order and a
8 courtesy copy of the complaint to the Washington State Attorney General’s Office by e-mail.
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Dated this 27th day of March, 2024.

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David W. Christel
United States Magistrate Judge

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ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT - 5