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Longacre v. Kitsap County

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

January 5, 2018

CLAYTON ERNEST LONGACRE, Plaintiff,
v.
KITSAP COUNTY, KITSAP COUNTY SHERIFF'S DEPARTMENT, KITSAP COUNTY SHERIFF STEVE BOYER, AND KITSAP COUNTY SHERIFF'S DEPUTY BRAD WALTHALL, Defendant.

          ORDER

          Ronald B. Leighton, United States District Judge

         THIS MATTER is before the Court on Defendants' Motion to Dismiss for Failure to State a Claim [Dkt. #6] and on Plaintiff Longacre's Motion to Amend [Dkt. #9]. Longacre's Motion to Amend his Complaint is GRANTED. The Court applies the Defendants' Motion to Dismiss, to the Amended Complaint. That Motion is GRANTED and all of Longacre's claims are DISMISSED with prejudice and without leave to amend.

         This case is a reprise of litigation that was pursued, fought and lost in 2014-2017 in Kitsap County District Court, No. 714-3532, and Kitsap County Superior Court, Cause No. 15-2-00142-8. The Kitsap County action resulted in the seizure and sale of Longacre's car to pay a lawful debt. The District Court confirmed the default judgment and the Kitsap County Superior Court affirmed, and issued a Writ of Execution. It denied Longacre's exemption. Arguments about the validity of the default judgment and insufficiency of service of process were fully addressed in state court. The Superior Court judge issued Findings of Fact, Conclusions of Law and Final Judgment on November 17, 2017.

         Longacre's complaint (and amended complaint) references and relies extensively on the prior proceedings. The Court takes judicial notice of the following court records in connection with those prior proceedings pursuant to Federal Rule of Evidence 201:

(1) Longacre's unsigned Motion to Dismiss Due to Insufficient Service of Process and Failure to File in Proper Venue (Kitsap County District Court Cause No. Y14-3532), filed November 26, 2014;
(2) Longacre's Motion to Quash Writ of Execution on Personal Property and Set Aside Judgment Due to Insufficient Service of Process and Failure to File in Proper Venue (Kitsap County District Court Cause No. Y14-3532) filed April 28, 2015;
(3) Plaintiff's [Scheidler's] Opposition to Defendant's [Longacre's] Motion to Vacate Judgment (Kitsap County District Court Cause No. Y14-3532) filed June 24, 2015;
(4) Order Re: Decision (Kitsap County District Court Cause No. Y14-3532), filed June 26, 2015 denying Longacre's motion to set aside the default judgment;
(5) Findings of Facts and Conclusions of Law (Kitsap County District Court Cause No. Y14-3532) entered on July 13, 2015 denying Plaintiff's motion to vacate default judgment for improper service;
(6) Writ of Execution on Personal Property (Kitsap County Superior Court Cause No. 15-2-00142-8) filed April 17, 2015;
(7) Claim of Exemption (Kitsap County Superior Court Cause No. 15-2-00142-8) filed May 27, 2015 (in addition to seeking exemption from execution, this claim challenges the validity of the default judgment based on insufficient service of process);
(8) Order Denying Judgment Debtor's Exemption Claim (Kitsap County Superior Court Cause No. 15-2-00142-8) entered June 5, 2015; and
(9) Findings of Fact, Conclusions of Law and Final Judgment (Kitsap County Superior Court Cause No. 15-2-00142-8) ...

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