Knapp v. Cate, et al.

Filing 86

ORDER Directing Defendants Koenig, Pate, Otto, Backlumd, Roberson, Clay, Gibb, Hannah, Semsen, Lyons, and Esquer to File Responsive Pleading, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/11. (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ERIC CHARLES RODNEY KNAPP, 10 11 12 13 CASE NO. 1:08-cv-01779-BAM PC Plaintiff, ORDER DIRECTING DEFENDANTS KOENIG, PATE, OTTO, BACKLUND, ROBERSON, CLAY, GIBB, HANNAH, SEMSEN, LYONS, AND ESQUER TO FILE RESPONSIVE PLEADING v. MATTHEW CATE, et al., Defendants. THIRTY-DAY DEADLINE / 14 15 Plaintiff Eric Charles Rodney Knapp (“Plaintiff”), a state prisoner proceeding pro se and in 16 forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 12132 (the 17 Americans with Disabilities Act (ADA)), and 29 U.S.C.§ 794 (Rehabilitation Act (RA)) on 18 November 20, 2008. On August 31, 2011, an order issued directing the United States Marshall to 19 serve the third amended complaint on Defendants Koenig, Pate, Otto, Backlund, Roberson, Clay, 20 Gibb, Hannah, Semsen, Lyons, and Esquer. (ECF No. 68.) On September 22, 2011, waivers of 21 service were returned executed for Defendants Esquer, Hannah, Koenig, Lyons, and Pate. (ECF No. 22 70.) On October 6, 2011, waivers of service were returned executed for Defendants Backlund and 23 Otto. (ECF Nos. 73, 74.) On October 31, 2011, waivers of service were returned executed for 24 Defendants Clay, Gibb, and Semsen. (ECF No. 76.) On November 18, 2011, a waiver of service 25 was returned executed for Defendant Roberson. (ECF No. 78.) 26 As of this date, no defendant has filed an answer or other responsive pleading. Accordingly, 27 it is HEREBY ORDERED that Defendants Koenig, Pate, Otto, Backlund, Roberson, Clay, Gibb, 28 Hannah, Semsen, Lyons, and Esquer shall file an answer to the complaint or other responsive 1 1 2 3 pleading within thirty (30) days from the date of service of this order. IT IS SO ORDERED. Dated: 10c20k December 20, 2011 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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