Loren J. Larson Jr. v. Jonathan Barcus, et al.

District Court, D. Alaska·Decided February 12, 2026·No. 3:25-cv-00296·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA LOREN J. LARSON JR.,

Plaintiff, v. Case No. 3:25-cv-00296-SLG

JONATHAN BARCUS, et al.,

Defendants.

SCREENING ORDER & ORDER DIRECTING RESPONSE On October 23, 2025, Defendant Zane Nighswonger filed a Notice of Removal seeking to remove this case originally filed in state court by self- represented prisoner Loren J. Larson Jr. (“Plaintiff”).1 Plaintiff claims Zane Nighswonger and Jonathan Barcus violated his rights under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq.2 Defendant Jonathan Barcus appeared in this action through counsel on December 11, 2025. The Court has now screened Plaintiff’s Complaint in accordance with 28 U.S.C. § 1915(e). Liberally construed,3 the FAC contains some plausible claims that are “sufficient to meet the low threshold for proceeding past the screening

1 Docket 1. 2 Docket 1-1. 3 Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (noting that court are obligated to construe complaints filed by self-represented litigants liberally and afford them the benefit of the any doubt). stage.”4 This means that Plaintiff’s case may proceed to the next stage of litigation. The Court has jurisdiction under 28 U.S.C. § 1331. Defendants, represented by the Attorney General for the State of Alaska,

shall have twenty-one (21) days from the date of this order to file an Answer or otherwise respond to the Complaint.5 The Court’s preliminary screening determination does not preclude Defendants from challenging the sufficiency of the complaint by way of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) or other appropriate motion.6

IT IS THEREFORE ORDERED: 1. Liberally construed, Plaintiff’s Complaint states a plausible claim under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq.

4 Wilhelm v. Rotman, 680 F.3d 1113, 1123 (9th Cir. 2012). 5 See Fed. R. Civ. P. 12. However, the Court cautions against seeking dismissal based on insufficient service on Mr. Barcus. Although a notice of appearance filed in federal court does not by itself waive service of process, an “appearance ordinarily is an overt act by which the party comes into court and submits to the jurisdiction of the court.” Benny v. Pipes, 799 F.2d 489, 492 (9th Cir. 1986) amended, 807 F.2d 1514 (9th Cir. 1987). 6 See Norsworthy v. Beard, 87 F. Supp. 3d 1104, 1111 n.4 (N.D. Cal. 2015) (“The issuance of a screening order under the Prison Litigation Reform Act finding that [plaintiff] has stated a cognizable claim does not foreclose defendants from moving to dismiss the complaint.”); Teahan v. Wilhelm, 481 F. Supp. 2d 1115, 1119 (S.D. Cal. 2007) (“[T]he sua sponte screening and dismissal procedure is cumulative of, not a substitute for, any subsequent Rule 12(b)(6) motion that the defendant may choose to bring.”). Case No. 3:25-cv-00296-SLG, Larson, Jr. v. Barcus, et al. 2. Defendants must file an Answer or otherwise respond to Plaintiff’s Complaint within 21 days of the date of this order. 3. All future papers sent to the Court must be identified with the name of

the Court, the case number, the name of Plaintiff and name of the first Defendant, and the title of the document, as illustrated on the first page of this order.7 4. All documents filed conventionally with the Court must contain an original signature.8 Although handwritten filings are permitted, each filing must be legible, double-spaced, have margins of at least one inch around all text, and be

the equivalent to at least 13-point font size with spacing between each line.9 5. Self-represented litigants must file all documents conventionally, unless otherwise permitted by an order of the Court.10 When a litigant mails a document to the Court, the litigant will receive a Notice of Electronic Filing (“NEF”) from the Court that will indicate when that document was filed on the docket and

the docket number of the document in the electronic case file for the case. 6. Given that counsel has entered an appearance for both Defendants, the Court’s NEF (“Notice of Electronic Filing”) constitutes service of a filed document on all registered CM/ECF users in this case.

7 See Fed. R. Civ. P. 10(a) (“The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.”). 8 Fed. R. Civ. P. 11. 9 See Local Civil Rule 7.5. 10 Local Civil Rule 5.3. Case No. 3:25-cv-00296-SLG, Larson, Jr. v. Barcus, et al. 7. Parties who are not registered CM/ECF users and all self-represented parties must be served conventionally.11 8. All litigants are responsible for keeping copies of everything filed with

the Court. As a courtesy, the Clerk’s Office will keep original filings from self- represented litigants, including exhibits, for 180 days from the date the document was filed. However, litigants should not send important original documents or documents that cannot be replaced to the Court. If an original must be returned, a Motion for Return of Document should be filed as soon as possible.

9. Copies of documents filed with the Court may be obtained from the Clerk’s Office for 50 cents per page.12 The Court does not allow litigants to accrue copy fees—payment is required before copies will be provided. In the event of special circumstances or serious financial need, a litigant may file a motion asking for the copying costs to be waived or reduced, but must do so prior to accruing

charges.

Free access — add to your briefcase to read the full text and ask questions with AI

Loren J. Larson Jr. v. Jonathan Barcus, et al., (D. Alaska 2026).

Loren J. Larson Jr. v. Jonathan Barcus, et al. (Loren J. Larson Jr. v. Jonathan Barcus, et al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hebbe v. Pliler
627 F.3d 338 (Ninth Circuit, 2010)
Steve Benny v. Danny Pipes and Charles Payne
799 F.2d 489 (Ninth Circuit, 1986)
Steve Benny v. Danny Pipes
807 F.2d 1514 (Ninth Circuit, 1987)
Wilhelm v. Rotman
680 F.3d 1113 (Ninth Circuit, 2012)
Teahan v. Wilhelm
481 F. Supp. 2d 1115 (S.D. California, 2007)
Norsworthy v. Beard
87 F. Supp. 3d 1104 (N.D. California, 2015)