Reginald Wayne Wilton v. Scott Light

[3] 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA [6] REGINALD WAYNE WILTON, Case No. 3:25-cv-06042-BHS7 Plaintiff, v. TLF [8] SCOTT LIGHT, ORDER DIRECTING SERVICE 9 OF CIVIL RIGHTS COMPLAINT Defendants. [10] 11 This is a civil rights action brought pursuant to 42 U.S.C. § 1983 . Plaintiff is 12 proceeding with this action pro se and in forma pauperis. Plaintiff is currently 13 incarcerated at Stafford Creek Corrections Center and is subject to Mandatory 14 Electronic E-Filing pursuant to General Orders 02-15 and 06-16. The Court, having 15 reviewed plaintiff’s complaint, hereby ORDERS as follows: 16 (1) Service by Clerk 17 The Clerk is directed to send the following to Defendants Scott Light, physician 18 assistant, by e-mail: copies of plaintiff’s complaint, this Order, the notice of lawsuit and 19 request for waiver of service of summons, and a waiver of service of summons. 20 (3) Response Required 21 Defendant(s) shall have thirty (30) days within which to return the enclosed 22 waiver of service of summons. A defendant who timely returns the signed waiver shall 23 have sixty (60) days after the date designated on the notice of lawsuit to file and serve [24] 1 an answer to the complaint or a motion permitted under Rule 12 of the Federal Rules of 2 Civil Procedure. 3 A defendant who fails to timely return the signed waiver will be personally served 4 with a summons and complaint, and may be required to pay the full costs of such 5 service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. A defendant 6 who has been personally served shall file an answer or motion permitted under Rule 12 7 within twenty-one (21) days after service. 8 (3) Filing and Service by Parties, Generally 9 All attorneys admitted to practice before this Court are required to file documents 10 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s 11 website, www.wawd.uscourts.gov, for a detailed description of the requirements for 12 filing via CM/ECF. Plaintiff shall file all documents electronically. All filings must indicate 13 in the upper right hand corner the name of the magistrate judge to whom the document 14 is directed. 15 Any document filed with the Court must be accompanied by proof that it has 16 been served upon all parties that have entered a notice of appearance in the underlying 17 matter. Plaintiffs shall indicate the date the document is submitted for e-filing as the date 18 of service. 19 (4) Motions, Generally 20 Any request for court action shall be set forth in a motion, properly filed and 21 served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall 22 be submitted as a part of the motion itself and not in a separate document. The motion [24] 1 shall include in its caption (immediately below the title of the motion) a designation of 2 the date the motion is to be noted for consideration upon the Court’s motion calendar. 3 Stipulated and agreed motions, motions to file over-length motions or briefs, 4 motions for reconsideration, joint submissions pursuant to the option procedure 5 established in LCR 37(a)(2), motions for default, requests for the clerk to enter default 6 judgment, and motions for the court to enter default judgment where the opposing party 7 has not appeared shall be noted for consideration on the day they are filed. See LCR 8 7(d)(1). All other non-dispositive motions shall be noted for consideration no earlier than 9 21 days after filing and service of the motion. See LCR 7(d)(3). All dispositive motions 10 shall be noted for consideration no earlier than 28 days after filing and service of the 11 motion. LCR 7(d)(4). 12 For electronic filers, all briefs and affidavits in opposition to either a dispositive or 13 non-dispositive motion shall be filed and served not later than 11:59 p.m. on the 14 Monday immediately preceding the date designated for consideration of the motion. 15 The party making the motion may electronically file and serve not later than 16 11:59 p.m. on the date designated for consideration of the motion, a reply to the 17 opposing party’s briefs and affidavits. 18 (5) Motions to Dismiss and Motions for Summary Judgment 19 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 20 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules 21 of Civil Procedure should acquaint themselves with those rules. As noted above, these 22 motions shall be noted for consideration no earlier than 28 days after filing and service 23 of the motion. LCR 7(d)(4). [24] 1 Defendants filing motions to dismiss or motions for summary judgment are 2 advised that they MUST serve a Rand and/or Wyatt notice concurrently with motions to 3 dismiss and motions for summary judgment so that pro se prisoner plaintiffs will have 4 fair, timely and adequate notice of what is required of them in order to oppose those 5 motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set 6 forth model language for such notices: 7 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. [8] Rule 56 tells you what you must do in order to oppose a motion for 9 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no 10 real dispute about any fact that would affect the result of your case, the party who asked for summary judgment is entitled to judgment 11 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 12 supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out 13 specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in 14 Rule 56(e), that contradict the facts shown in the defendant’s declarations and documents and show that there is a genuine 15 issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may 16 be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. [17] Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added); Wyatt v. Terhune, [18] 315 F.3d 1108 (9th Cir. 2003). [19] Defendants who fail to file and serve the required Rand and Wyatt notice on [20] plaintiff may have their motion stricken from the Court’s calendar with leave to re-file. [21] (6) Direct Communications with District Judge or Magistrate Judge [24] 1 No direct communication is to take place with the District Judge or Magistrate 2 Judge with regard to this case. All relevant information and papers are to be directed to 3 the Clerk. 4 (7) The Clerk is directed to send copies of this Order and of the Court’s pro se 5 instruction sheet to plaintiff. The Clerk is further directed to send a copy of this Order 6 and a courtesy copy of the complaint to the Washington State Attorney General’s Office 7 by e-mail. 8 Dated this 11th day of December, 2025. [10] A [11] Theresa L. Fricke 12 United States Magistrate Judge