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Suber v. Snohomish County Corrections Mail Room Staff

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

April 24, 2018

JAMES SUBER, Plaintiff,
v.
SNOHOMISH COUNTY CORRECTIONS MAIL ROOM STAFF,

          ORDER DIRECTING SERVICE BY FIRST-CLASS MAIL AND TERMINATING CERTAIN DEFENDANTS

          BRIAN A. TSUCHIDA, CHIEF UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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 plaintiff.

         In light of the allegations in the Amended Complaint, the Court DIRECTS the clerk to TERMINATE from the docket the following defendants:

(1) C/O Munsens; C/O Young and C/O Louis who are described as witnesses in the amended complaint, not defendants; and
(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.

         The Court further ORDERS as follows:

         (1) Service by Clerk

         The 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 office.

         The Clerk shall also send a courtesy copy of the complaint and of this Order to Snohomish County Prosecuting Attorney, by first-class mail.

         (2) Response Required

         Defendants 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 Procedure.

         Any 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.

         Defendants 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 ...

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