Mallett v. McGuinness, et al.

Filing 34

ORDER Requiring Defendant to SHOW CAUSE why Default should not be Entered signed by Magistrate Judge Gerald B. Cohn on 05/20/2011. Show Cause Response due by 7/1/2011. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JAMES ERIC MALLETT, Plaintiff, 10 ORDER REQUIRING DEFENDANT TO SHOW CAUSE WHY DEFAULT SHOULD NOT BE ENTERED v. 11 12 CASE NO. 1:07-cv-00721-LJO-GBC (PC) J. MCGUINNESS, RESPONSE DUE BY JULY 1, 2011 Defendant. 13 / 14 ORDER 15 16 Upon finding that Plaintiff’s Second Amended Complaint stated a claim against 17 Defendant McGuinness, the Court ordered the U.S. Marshall to effect service on 18 McGuinness. On March 31, 2011, the Court received a Waiver of Service Returned 19 Executed signed by Michael A. Terhorst, as attorney for Defendant McGuinness, 20 acknowledging receipt and stating that he agreed to waive formal service of the complaint. 21 (ECF No. 32.) The Waiver stated that Defendant “understand[s] that a judgment may be 22 entered against [him] . . . if an answer or motion under Rule 12 is not filed within the U.S. 23 District Court and served upon plaintiff within 60 days after 2/10/2011.” (Id.) More than sixty days have passed and Defendant has failed to file an answer or 24 25 otherwise respond to Plaintiff’s Complaint. Fed. R. Civ. P. 12(a). If Defendant 26 McGuinness fails to respond to this Order by July 1, 2011, default may be entered against 27 him. Fed. R. Civ. P. 55(a). 28 /// 1 Accordingly, it is HEREBY ORDERED that: 2 1. Defendant McGuinness shall show cause why default should not be entered against him on or before July 1, 2011; 3 4 2. Failure to comply with this Order may result in the Entry of Default; 5 3. The deadline to file an Answer or otherwise responsive pleading to Plaintiff’s Second Amended Complaint is extended to August 1, 2011; and 6 4. 7 The Clerk’s Office shall send courtesy copies of this order by mail to: Corcoran State Prison Litigation Office Corcoran State Prison 4001 King Avenue Corcoran, CA 93212 8 9 10 and 11 13 Michael A. Terhorst Beeson Terhorst 510 Bercut Drive, Ste. V Sacramento, CA 95811 14 and 15 Dr. William J. McGuinness 10388 Heale Garden Court Las Vegas, NV 89135 12 16 17 IT IS SO ORDERED. 18 19 20 Dated: 1j0bbc May 20, 2011 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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