Ali Kane v. Carmack, et al.

Summary

The United States District Court for the Western District of Washington directs service of Ali Kane’s amended 42 U.S.C. § 1983 complaint on several law-library defendants. The order also sets response deadlines and explains filing, service, motion, and notice requirements applicable to the pro se incarcerated plaintiff and defendants.

Holdings

1. The Clerk must send the defendants copies of the amended complaint, the service order, the notice of lawsuit and request for waiver of service, and the waiver of service by email.
2. A defendant who timely returns the waiver must answer or file a permitted Rule 12 motion within 60 days after the date designated on the notice of lawsuit; a defendant personally served after failing to return the waiver must answer or file a permitted Rule 12 motion within 21 days after service.
3. Defendants filing a motion to dismiss or motion for summary judgment must concurrently serve the required Rand and/or Wyatt notice; failure to do so may result in the motion being stricken from the court's calendar with leave to refile.

Questions Presented

1. Whether the Clerk should serve the amended § 1983 complaint and waiver materials on the named defendants.
2. What deadlines and filing requirements apply to defendants and the parties following service.
3. Whether defendants moving to dismiss or for summary judgment must provide a Rand and/or Wyatt notice to the pro se incarcerated plaintiff.

Disposition

other