Barry Lamon v. Tilton et al

Filing 32

ORDER Requiring Defendnat Mayugba to Comply With Previous Order Directing a Reply to the Complaint 30 , 31 , signed by Magistrate Judge Sheila K. Oberto on 8/18/11. Forty-Five Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BARRY LAMON,

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Plaintiff,

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CASE NO. 1:09-cv-00157-AWI-SKO PC
ORDER REQUIRING DEFENDANT
MAYUGBA TO COMPLY WITH PREVIOUS
ORDER DIRECTING A REPLY TO THE
COMPLAINT

v.
JOHN TILTON, et al.,

(Docs. 30 and 31)
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Defendants.
FORTY-FIVE DAY DEADLINE

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/

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Plaintiff Barry Lamon, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on January 26, 2009. This action is proceeding on

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Plaintiff’s First Amendment retaliation claim against Defendant Birkholm and Plaintiff’s Eighth

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Amendment medical care claim against Defendants Birkholm, Mayugba, and Schutt.

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The United States Marshal was directed to initiate service on June 30, 2011, and on August

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17, 2011, Defendant Mayugba filed a waiver of reply. 42 U.S.C. § 1997e(g)(1). Pursuant to the

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Court’s order of June 30, 2011, Defendant is required to reply to the complaint. 42 U.S.C. §

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1997e(g)(2). (Doc. 30, ¶6.) Therefore, Defendant SHALL file the reply in compliance with the

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order within forty-five (45) days from the date of service of this order.

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Additionally, as a waiver of service of the summons and complaint has not yet been filed in

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this case, Defendant is directed as a courtesy to paragraph 5 of the June 30, 2011, order. If the

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waiver form is not returned to the USM and personal service is effected, the cost of personal service

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will be taxed against Defendant, notwithstanding the filing of a response to the complaint. (Id.)

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IT IS SO ORDERED.

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Dated:
ie14hj

August 18, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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