Ingram v. Ethridge et al

Filing 20

ORDER DIRECTING Clerk's Office to Re-Serve Order on Defendant Ethridge 19 ; ORDER DIRECTING Clerk's Office to Serve Courtesy Copy of This Order on Litigation Office at KVSP, CDCR Legal Affairs, and Defendant Ethridge at Address to Be Provided By USM, signed by Magistrate Judge Sheila K. Oberto on 8/10/11. (Hellings, J)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

TYRONE INGRAM,

10
11
12

CASE NO. 1:09-cv-02048-SKO PC
Plaintiff,

ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE ORDER ON DEFENDANT
ETHRIDGE

v.
ETHRIDGE,

13

(Doc. 19)
Defendant.

ORDER DIRECTING CLERK’S OFFICE TO
SERVE COURTESY COPY OF THIS ORDER
ON LITIGATION OFFICE AT KVSP, CDCR
LEGAL AFFAIRS, AND DEFENDANT
ETHRIDGE AT ADDRESS TO BE PROVIDED
BY USM

14
15
16

/

17
Plaintiff Tyrone Ingram, a state prisoner proceeding pro se and in forma pauperis, filed this
18
civil rights action pursuant to 42 U.S.C. § 1983 on November 23, 2009. This action is proceeding
19
against Defendant Ethridge on Plaintiff’s claims of retaliation and discrimination, in violation of the
20
First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Defendant waived
21
service of the summons and complaint but failed to file a response to Plaintiff’s complaint. Fed. R.
22
Civ. P. 4(d).
23
On July 29, 2011, the Court ordered Defendant to show cause why default should not be
24
entered against her for failing to respond to the complaint. The order was served by mail on
25
Defendant at the address previously obtained by the United States Marshal and at which Defendant
26
received the waiver she subsequently signed and returned. The order to show cause was returned
27
by the postal service with the notation “insufficient address - unable to forward.”
28
1

1

Based on the current record, the Court cannot determine whether Defendant moved and left

2

no forwarding address, whether she is attempting to evade service of legal documents, or whether

3

some other explanation underlies the returned mail. The Court will direct the Clerk’s Office to re-

4

serve the order to show cause one time as a courtesy. If Defendant fails to respond to the order

5

within the thirty-day time period, default will be entered against her.

6

Accordingly, it is HEREBY ORDERED that:

7

1.

8

The Clerk’s Office shall re-serve the order of July 29, 2011, on Defendant Ethridge,
maintaining the confidentiality of the address provided by the USM; and

9

2.

The Clerk’s Office shall serve a courtesy copy of this order on the Litigation Office

10

at Kern Valley State Prison, the Legal Affairs Division of the California Department

11

of Corrections and Rehabilitation, and Defendant Ethridge, maintaining the

12

confidentiality of the address provided by the USM.

13
14

IT IS SO ORDERED.

15

Dated:
ie14hj

August 10, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2