Hopper v. Wigen

Full title: VINCENT DANIEL HOPPER, Plaintiff, v. G. WIGEN WARDEN NORTHWEST DETENTION…

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Feb 23, 2006

Case No. C05-5662FDB (W.D. Wash. Feb. 23, 2006)

Opinion

Case No. C05-5662FDB.

February 23, 2006

ORDER

KAREN STROMBOM, Magistrate Judge

This Civil Rights action has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C. § 636(b)(1)(B). On January 19th, 2006 this court entered an order directing the plaintiff to provide four filled out United States Marshals Service forms and four copies of the first amended complaint so that the court could order the United States Marshals Service to attempt service by mail.

Rather than comply with the court order plaintiff has filed documents indicating he mailed copies of the complaint to the named defendants and he has seen the documents in the custody of at least one defendant.

The court was clear and concise in the January order. Plaintiff is again ordered to fill out the four service forms and provide copies of the first amended complaint. The plaintiff's sending copies of the complaint by mail to the defendants does not constitute service unless the defendants agree to waive service and accept service by mail. From plaintiff's pleading it is clear at least one defendant threw the complaint into the trash and has not agreed to accept service by mail.

Plaintiff has disregarded a court order and his actions have delayed this case. Plaintiff will be given until March, 24^th , 2006 to comply with the courts January 19^th, 2006 order. If plaintiff fails to follow the court order or his filings are not complete the court will recommend this action be dismissed and may consider other sanctions. The court will not tolerate a litigant not following a court order

The Clerk is directed to send a copy of this Order to plaintiff and to note this matter for the court's March 24^th, 2006 docket.