United States District Court, W.D. Washington, Seattle
KYNTREL T. JACKSON, Plaintiff,
DEPARTMENT OF CORRECTIONS WASHINGTON, et al., Defendants.
ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT ON
Alice Theiler United States Magistrate Judge
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.
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:
Service by Clerk
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.
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.
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.
Filing and Service by Parties, Generally
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.
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.
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