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Jackson v. Department of Corrections Washington

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

May 17, 2017

KYNTREL T. JACKSON, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS WASHINGTON, et al., Defendants.

          ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT ON DEFENDANT KINSLOW

          Mary Alice Theiler United States Magistrate Judge

         Plaintiff is proceeding pro se and in forma pauperis in this 42 U.S.C. § 1983 prisoner civil rights action against C. Kinslow, DDS, a dentist at the Monroe Correctional Complex (“MCC”); Lynn Knuckle, RN, a nurse at the MCC; and Tim Thrasher, a Department of Corrections manager. Plaintiff is currently incarcerated at the Washington State Penitentiary (“WSP”) and is subject to the Court's mandatory Prisoner E-Filing Initiative under General Orders 06-16 and 02-15.

         Ms. Knuckle and Mr. Thrasher have been served and counsel has appeared on their behalf. Dr. Kinslow, however, is no longer working for the Department of Corrections, and the Court was unable to serve him at the address provided by plaintiff. Counsel for Ms. Knuckle and Mr. Thrasher has filed under seal Dr. Kinslow's last known address. Dkt. 22 (sealed). Accordingly, the Court finds and ORDERS:

         (1) Service by Clerk

         The Clerk is directed to send the following to Dr. Kinslow by first class mail at the addresses provided in Docket 22: a copy of plaintiff's amended complaint, a copy of this Order, two copies of the notice of lawsuit and request for waiver of service of summons, a waiver of service of summons, and a return envelope, postage prepaid, addressed to the Clerk's Office.

         (2) Response Required

         Dr. Kinslow 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. 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 subject to the Court's E-Filing Pilot Project shall indicate the date the document is submitted for e-filing as the date of service.

         (4) Non-State Defendants

         As a registered user of the Court's electronic filing system, you must accept electronic service of all court filings (except original service of a complaint) by prisoner litigants housed at the WSP who are subject to the Court's Prisoner E-Filing Initiative. WSP prisoner litigants are no longer required to serve their court filings on the Court or defendants by mail. Service by mail of your court filings to WSP prisoner litigants is also no longer required.

         (5) Motio ...


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