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Franklin v. De Castilla

United States District Court, W.D. Washington

May 15, 2017

TRAVIS SKYLER OWEN FRANKLIN, Plaintiff,
v.
DIEGO LOPEZ DE CASTILLA, MD, MPH,

          ORDER DIRECTING SERVICE AND PROCEDURES

          BRIAN A TSUCHIDA United States Magistrate Judge.

         This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the Clallam Bay Corrections Center (CBCC) and is subject to Mandatory Electronic E-Filing pursuant to General Orders 02-15 and 06-16. The Court, having reviewed plaintiff's amended complaint, hereby ORDERS as follows:

         (1) Service by Clerk

         The Clerk is directed to send the following to defendant Diego Lopez de Castilla, MD, MPH and the Washington State Department of Corrections by e-mail: a copy of plaintiff's amended complaint (Dkt. 6) and 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

         Defendants shall have 30 days within which to return the enclosed waiver of service of summons. Any defendant who timely returns the signed waiver shall have 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.

         Any 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). A defendant who has been personally served shall file an answer or motion permitted under Rule 12 within 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. Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand corner the name of the magistrate judge to whom the document is directed.

         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. Plaintiffs shall indicate the date the document is submitted for e-filing as the date of service.

         (4) Motions

         Regarding the filing of motions before the Court, the parties are directed to review Local Rule CR 7 in its entirety. A few important points are highlighted below:

         Any request for court action shall be set forth in a motion, properly filed and served. Pursuant to Local Rule CR 7(b), any argument being offered in support of a motion shall be submitted as a part of the motion itself and not in a separate document. The motion shall include in its caption (immediately below the title of the motion) a designation of the date the motion is to be noted for consideration upon the court's motion calendar.

         In all instances where one of the parties to a lawsuit is incarcerated, all categories of non-dispositive motions not listed in Local Rule CR 7(d)(1) must be noted for the third Friday after ...


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