McMaster v. Spearman et al

Filing 22

ORDER Requiring Defendants Carlson, Garcia, and Sedwick to File Answer to Second Amended Complaint within Fifteen Days, signed by Magistrate Judge Sheila K. Oberto on 1/7/13. ( 15) Day Deadline (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANA McMASTER, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-01407-SKO PC ORDER REQUIRING DEFENDANTS CARLSON, GARCIA, AND SEDWICK TO FILE ANSWER TO SECOND AMENDED COMPLAINT WITHIN FIFTEEN DAYS v. M. E. SPEARMAN, et al., (Doc. 20) 13 Defendants. / 14 15 On January 3, 2013, Plaintiff Dana McMaster filed a second amended complaint substituting 16 Correctional Officer S. Espitia for John Doe 2. In a separate order, the Court directed the United 17 States Marshal to initiate service of process on Defendant Espitia. 18 19 Defendants Carlson, Garcia, and Sedwick are HEREBY ORDERED to file an answer to the second amended complaint within fifteen (15) days from the date of service of this order.1 20 21 IT IS SO ORDERED. 22 Dated: i0d3h8 January 7, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 1 The Court previously dismissed Defendant Cate with prejudice and denied Plaintiff’s motion for reconsideration. Plaintiff’s second amended complaint is identical to his first amended complaint, with the exception of substituting S. Espitia in place of John Doe 2. The filing of the second amended complaint to name John Doe 2 as S. Espitia does not have the effect of reinstating Cate as a party. 1

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