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McCamey v. Smith

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

October 5, 2017

TIMOTHY A. MCCAMEY, Plaintiff,
v.
SERGEANT SMITH, Defendant.

          AMENDED ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT

          MARY ALICE THEILER, UNITED STATES MAGISTRATE JUDGE.

         This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff proceeds with this action pro se and in forma pauperis. While currently incarcerated by Snohomish County Corrections, plaintiff's claim regards his prior incarceration by the Washington State Department of Corrections (DOC) at the Washington Corrections Center (WCC) in Shelton, Washington and includes as the sole remaining defendant DOC/WCC employee Sergeant Smith. (See Dkts. 5, 8-11.)

         A review of the docket appears to reflect the Court directed delivery of a prior Order Directing Service to the wrong address. (See Dkt. 11 at 5 (directing a copy of the order and courtesy copy of plaintiff's amended complaint to the Snohomish County Prosecuting Attorney's office).) The Court, therefore, now ORDERS as follows:

(1) Service by Clerk
The Clerk is directed to send to DOC/WCC employee Sergeant Smith a copy of plaintiff's amended complaint[1], 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 amended 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 the court action ahall 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 ...

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