United States District Court, W.D. Washington, Seattle
ORDER DIRECTING PERSONAL SERVICE BY UNITED STATES
A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE
Curtis is proceeding pro se and in forma
pauperis in this federal civil rights action. On October
10, 2017, Mr. Curtis filed a motion for a court order to
direct the U.S. Marshal to attempt personal service on
Defendant Leathers (aka Jaclyn Jorgenson) at: 8215
69th St. N.E., Marysville, WA 98270. Dkt. 32. The
Court GRANTS the motion
ORDERS as follows:
Service by United States Marshal
United States Marshal shall personally serve Defendant Jaclyn
Jorgenson by delivering copies of the summons and complaint,
and copies of this Order, to Jaclyn Jorgenson at:
8215 69th St. N.E.
Marysville, WA 98270
Clerk shall issue summons and assemble the necessary
documents to affect this personal service.
Leathers (aka Jaclyn Jorgenson) has 21 days
within which to file and serve an answer to the complaint or
a motion permitted under Federal Rule of Civil Procedure 12.
plaintiff is a pro se prisoner, defendant MUST serve
a Rand notice concurrently with motions to dismiss
based on a failure to exhaust and motions for summary
judgment so that pro se prisoner plaintiffs will
have fair, timely, and adequate notice of what is required of
them in order to oppose those motions. Woods v.
Carey, 684 F.3d 935 (9th Cir. 2012). If
defendant does not file and serve, in a separate document,
the required Rand notice, the Court will strike the
motion with leave to refile.
Ninth Circuit has set forth model language for such notices:
A motion for summary judgment under Rule 56 of the Federal
Rules of Civil Procedure will, if granted, end your case.
Rule 56 tells you what you must do in order to oppose a
motion for summary judgment. Generally, summary judgment must
be granted when there is no genuine issue of material fact -
that is, if there is no real dispute about any fact that
would affect the result of your case, the party who asked for
summary judgment is entitled to judgment as a matter of law,
which will end your case. When a party you are suing makes a
motion for summary judgment that is properly supported by
declarations (or other sworn testimony), you cannot simply
rely on what your complaint says. Instead, you must
set out specific facts in declarations, depositions, answers
to interrogatories, or authenticated documents, as provided
in Rule 56(e), that contradict the facts shown in the
defendant's declarations and documents and show that
there is a genuine issue of material fact for ...