Zamaro v. Moonga et al

Filing 76

ORDER Granting Plaintiff's 75 Motion and Ordering Defendant Martinez to Serve a Copy of the Notice and Answer to the Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 2/28/12. Ten Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SAMMY ZAMARO,

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Plaintiff,

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CASE NO. 1:09-cv-00580-BAM PC

v.

ORDER GRANTING PLAINTIFF’S MOTION
AND ORDERING DEFENDANT MARTINEZ
TO SERVE A COPY OF THE NOTICE AND
ANSWER TO THE COMPLAINT

G. MOONGA, et al.,
(ECF No. 75)

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Defendants.
/ TEN DAY DEADLINE

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Plaintiff Sammy Zamaro (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the

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complaint, filed February 19, 2009, against Defendants Moonga, Akanno, and Martinez for

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deliberate indifference to serious medical needs in violation of the Eighth Amendment.1 Following

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Plaintiff’s motion for entry of default against Defendant Martinez, Defendant Martinez filed a notice

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regarding service on January 12, 2012, and an answer to the complaint on January 31, 2012. (ECF

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Nos. 71, 73.) Plaintiff filed a motion on February 23, 2012, stating that he did not receive a copy

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of either the notice or answer filed by Defendant Martinez.2 (ECF No. 75.)

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On December 2, 2011, Defendant Bedi was dismissed from this action for Plaintiff’s failure to effect
service of process. (ECF No. 69.)
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Plaintiff requests an address for Defendant Martinez or his attorney. W hen Plaintiff receives the answer he
will have the address and contact information for Defendant Martinez’ attorney.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion, filed February 23, 2012, is

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GRANTED and, within ten days from the day of service of this order, Defendant Martinez shall

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serve a copy of the notice, filed January 6, 2012, and answer filed January 31, 2012, on Plaintiff.

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IT IS SO ORDERED.
Dated:
cm411

February 28, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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