Moran v. Dutra et al

Filing 96

ORDER to SHOW CAUSE Why Default Should Not Be Entered Against Defendant Onwubuya, signed by Magistrate Judge Michael J. Seng on 2/9/15. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICOLAS MORAN,

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Plaintiff,
v.
K. DUTRA, et al.,

CASE NO. 1:11-cv-0914-LJO-MJS (PC)
ORDER TO SHOW CAUSE WHY
DEFAULT SHOULD NOT BE ENTERED
AGAINST DEFENDANT ONWUBUYA
(ECF No. 95)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendants Ryan and Onwubuya on Plaintiff’s Eighth Amendment inadequate medical

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care claim, and against Defendants Dutra and Auten on his Eight Amendment excessive

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force claim. (ECF Nos. 12, 13, & 87.) Defendants Ryan, Dutra, and Auten have

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appeared in the action and filed a motion for summary judgment. (ECF Nos. 42 & 82.)

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Defendant Onwubuya was served on October 30, 2014. (ECF No. 95.) She has
not filed a responsive pleading. Accordingly, IT IS HEREBY ORDERED that:
1. Defendant Onwubuya show cause, within thirty days from the date of this
order, why default should not be entered;

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2. The failure to file a response to this order will result in entry of default;

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3. The issuance of this order operates as an extension of thirty days from the

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date of service of this order to respond to the first amended complaint;

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4. The Clerk’s Office is directed to serve a copy of this order on Tracy S.

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Hendrickson, Supervising Deputy Attorney General;

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5. Defense counsel shall provide the Court with Defendant Onwubuya’s last

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known contact information within seven days of the date of this order, so

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that a copy of this order may be forwarded to Defendant Onwubuya at the

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address where service was effectuated.

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IT IS SO ORDERED.
Dated:

February 9, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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