United States District Court, W.D. Washington, Seattle
ORDER DIRECTING SERVICE BY FIRST-CLASS MAIL AND
TERMINATING CERTAIN DEFENDANTS
A. TSUCHIDA, CHIEF UNITED STATES MAGISTRATE JUDGE.
proceeding pro se and in forma pauperis in
this federal civil rights action filed an amended complaint.
Dkt. 7. The Amended complaint names as Defendants Snohomish
County Corrections and the Snohomish County Corrections Mail
Room Staff. It alleges that on January 17, 2018, legal mail
sent to Mr. Suber, by his attorney, Casey Trueblood, was
opened my jail mailroom staff outside the presence of
light of the allegations in the Amended Complaint, the Court
DIRECTS the clerk to
TERMINATE from the docket the following
(1) C/O Munsens; C/O Young and C/O Louis who
are described as witnesses in the amended complaint, not
(2) Snohomish County Corrections. The
Snohomish County Corrections is not an entity which may be
sued under 42 U.S.C. § 405(g). Moreover, the amended
complaint indicates Snohomish County Corrections did not
implement a rule or policy regarding the mail that violated
plaintiff's rights. To the contrary, the amended
complaint alleges that the Mail Room Staff “violated
the mail policy on corrections, ” i.e. violated a rule
of Snohomish Corrections. Dkt. 7 at 3.
Court further ORDERS as follows:
Service by Clerk
Clerk is directed to send the following to defendants
Snohomish Count`y Mail Room Staff 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 Snohomish County Prosecuting
Attorney, 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 ...