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Curtis v. Leathers (Fnu)

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

October 11, 2017

JAMES EDWARD CURTIS, Plaintiff,
v.
LEATHERS (FNU), et al., Defendants.

          ORDER DIRECTING PERSONAL SERVICE BY UNITED STATES MARSHAL

          BRIAN A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE

         Mr. 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:

         1. Service by United States Marshal

         The 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

         The Clerk shall issue summons and assemble the necessary documents to affect this personal service.

         2. Response Required

         Defendant 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.

         Because 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.

         The 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 ...

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