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Craft v. Washington State Department of Corrections

United States District Court, W.D. Washington, Tacoma

January 31, 2017

LOEWEN CRAFT, Plaintiff,
v.
WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., Defendants.

          ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT

          David W. Christel, United States Magistrate Judge.

         This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff Loewen Craft is proceeding with this action pro se and in forma pauperis. See Dkt. 4, 5. On October 13, 2016, the Court reviewed and screened Plaintiff's Complaint under 28 U.S.C. § 1915A. Dkt. 6. The Court declined to serve the Complaint because several of the claims appeared barred by the statute of limitations. Id. The Court directed Plaintiff to file an amended complaint and show equitable tolling is warranted for any claim which occurred on or before October 3, 2013.[1]

         Plaintiff filed a “Response to Show Cause - Tolling Statute” on January 12, 2017, asserting she is entitled to equitable tolling because she is disabled and did not know how to proceed with this legal action. Dkt. 11.[2] The Court finds sua sponte dismissing claims in the Complaint as barred by the statute of limitations is not appropriate at this time. However, the Court does not make a finding that equitable tolling is warranted in this case. Rather, Defendants may assert a statute of limitations defense, and any other defense, in a properly filed responsive pleading.

         Accordingly, the Court, having reviewed Plaintiff's Complaint, hereby ORDERS as follows:

         (1) Service by Clerk

         The Clerk is directed to send the following to the named defendants by e- mail: a copy of the complaint (Dkt. 5), a copy of this Order, two copies of the notice of lawsuit and request for waiver of service of summons, and a waiver of service of summons.

         (2) Response Required

         Defendant(s) shall have thirty (30) days within which to return the enclosed waiver of service of summons. A defendant who timely returns the signed waiver shall have sixty (60) days after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure.

         A defendant who fails to timely return the signed waiver will be personally served with a summons and complaint, and may be required to pay the full costs of such service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. A defendant who has been personally served shall file an answer or motion permitted under Rule 12 within thirty (30) days after service.

         (3) Filing and Service by Parties, Generally

         All attorneys admitted to practice before this Court are required to file documents electronically via the Court's CM/ECF system. Counsel are directed to the Court's website, www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original with the Clerk. All filings, whether filed electronically or in traditional paper format, must indicate in the upper right hand corner the name of the magistrate judge to whom the document is directed.

         For any party filing electronically, when the total of all pages of a filing exceeds fifty (50) pages in length, a paper copy of the document (with tabs or other organizing aids as necessary) shall be delivered to the Clerk's Office for chambers. The chambers copy must be clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.”

         Any document filed with the Court must be accompanied by proof that it has been served upon all parties that have entered a notice of appearance in the underlying matter.

         (4) Motio ...


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