Aine v. Washington State Department of Social and Health Services

W.D. Washington

Aine v. Washington State Department of Social and Health Services

DecidedNovember 20, 2023

Docket3:23-cv-05830

StatusUnknown

This text of Aine v. Washington State Department of Social and Health Services (Aine v. Washington State Department of Social and Health Services) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aine v. Washington State Department of Social and Health Services, (W.D. Wash. 2023).

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 NICOLE ERICA AINE, CASE NO. 3:23-cv-05830-DGE 11 Plaintiff, ORDER GRANTING MOTION TO 12 v. SERVE SUMMONS (DKT. NO. 13) 13 WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES 14 et al., 15 Defendants. 16

17 This matter comes before the Court on Plaintiff’s motion for service of summons 18 pursuant to Federal Rule of Civil Procedure 4(c)(3). (Dkt. No. 13.) Plaintiff is proceeding pro se 19 and in forma pauperis (“IFP”). (Dkt. No. 4.) Upon an IFP plaintiff's request, “the officers of the 20 court shall issue and serve all process.” 28 U.S.C. § 1915(d). 21 Federal Rule of Civil Procedure 4(c)(3) provides that at the plaintiff's request, the court 22 may order that service be made by a United States marshal or deputy marshal or by a person 23 specially appointed by the court. “The court must so order if the plaintiff is authorized to 24 proceed in forma pauperis under 28 U.S.C. §1915.” Fed. R. Civ. P. 4(c)(3); see Boudette v. 1 Barnette, 923 F.2d 754, 757 (9th Cir. 1991) (“[A]n IFP plaintiff must request service of the 2 summons and complaint by court officers before the officers will be responsible for effecting 3 such service.”). 4 Accordingly, Plaintiff’s motion for service of summons (Dkt. No. 13) is GRANTED.

5 The Clerk shall provide a copy of this order, the second amended complaint (Dkt. No. 8), 6 Plaintiff’s motion (Dkt. No. 13) and the summonses for defendants Washington State 7 Department of Social and Health Services and Western State Hospital (Dkt. No. 16) to the 8 United States Marshal or Deputy Marshal within seven days of the date of this order. The 9 United States Marshal or Deputy Marshal shall personally serve Defendants with the applicable 10 summons and complaint within 30 days of the date of this order. 11 12 Dated this 20th day of November, 2023. 13 A 14 David G. Estudillo 15 United States District Judge

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 NICOLE ERICA AINE, CASE NO. 3:23-cv-05830-DGE 11 Plaintiff, ORDER GRANTING MOTION TO 12 v. SERVE SUMMONS (DKT. NO. 13) 13 WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES 14 et al., 15 Defendants. 16

17 This matter comes before the Court on Plaintiff’s motion for service of summons 18 pursuant to Federal Rule of Civil Procedure 4(c)(3). (Dkt. No. 13.) Plaintiff is proceeding pro se 19 and in forma pauperis (“IFP”). (Dkt. No. 4.) Upon an IFP plaintiff's request, “the officers of the 20 court shall issue and serve all process.” 28 U.S.C. § 1915(d). 21 Federal Rule of Civil Procedure 4(c)(3) provides that at the plaintiff's request, the court 22 may order that service be made by a United States marshal or deputy marshal or by a person 23 specially appointed by the court. “The court must so order if the plaintiff is authorized to 24 proceed in forma pauperis under 28 U.S.C. §1915.” Fed. R. Civ. P. 4(c)(3); see Boudette v. 1 Barnette, 923 F.2d 754, 757 (9th Cir. 1991) (“[A]n IFP plaintiff must request service of the 2 summons and complaint by court officers before the officers will be responsible for effecting 3 such service.”). 4 Accordingly, Plaintiff’s motion for service of summons (Dkt. No. 13) is GRANTED.

5 The Clerk shall provide a copy of this order, the second amended complaint (Dkt. No. 8), 6 Plaintiff’s motion (Dkt. No. 13) and the summonses for defendants Washington State 7 Department of Social and Health Services and Western State Hospital (Dkt. No. 16) to the 8 United States Marshal or Deputy Marshal within seven days of the date of this order. The 9 United States Marshal or Deputy Marshal shall personally serve Defendants with the applicable 10 summons and complaint within 30 days of the date of this order. 11 12 Dated this 20th day of November, 2023. 13 A 14 David G. Estudillo 15 United States District Judge

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