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Downey v. Andrews

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

August 10, 2017

DYLAN JAMES DOWNEY, Plaintiff,
v.
STUART ANDREWS M.D., et al., Defendants.

          ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT

          JAMES P. DONOHUE, Chief United States Magistrate Judge

         This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding pro se and in forma pauperis. On July 11, 2017, the Court directed that plaintiff's complaint be served on defendants Stuart Andrews, Alta Langdon, Tony Aston, and Snohomish County, and counsel has appeared on their behalf. On August 2, 2017, plaintiff filed an amended complaint against the original defendants and added as defendants Nikki Behner, former HSA of the Snohomish County Jail; Deborah Bellinger, head nurse of the Snohomish County Jail; and Corrections Major Kane of the Snohomish County Jail. Dkt. 17.

         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 Ms. Behner, Ms. Bellinger, and Major Kane by first class mail: a copy of plaintiff's amended complaint, Dkt. 17, 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

         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) Motions, Generally

         Any request for court action shall be set forth in a motion, properly filed and served. Pursuant to LCR 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.

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


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