United States District Court, W.D. Washington, Seattle
SECOND ORDER DIRECTING SERVICE BY FIRST-CLASS MAIL
A. TSUCHIDA, UNITED STATES MAGISTRATE JUDGE
is proceeding pro se and in forma pauperis
in this federal civil rights action. The Court
ORDERS as follows:
Service by Clerk
addition to serving the prior service order, Dkt. 13, the
Clerk is directed to send the following to defendants Jack
Warner, Todd Saunders, and Brandi Blair at Monroe
Correctional Complex by first class mail: a copy of
plaintiff's complaint and 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
Clerk shall also send a courtesy copy of the complaint and of
this Order to the Washington State Office of the
Attorney General, by first-class mail.
shall have 30 days within which to return
the enclosed waiver of service of summons. Any defendant who
timely returns the signed waiver shall have 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
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). A defendant who has been personally served
shall file an answer or motion permitted under Rule 12 within
30 days after service.
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 934 (9th Cir. 2012). The Ninth
Circuit 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 trial. If you
do not submit your own evidence in opposition, summary
judgment, if appropriate, may be entered
against you. If summary judgment is granted, your case will
be dismissed and there will be no trial.
Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir.
1998) (emphasis added).
who do not file and serve, in a separate document, the
required Rand notice will face (a) immediate denial
of their motions with leave to refile and (b) possible
Filing and Service ...