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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLAS MORAN, 12 13 14 15 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. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against 19 Defendants Ryan and Onwubuya on Plaintiff’s Eighth Amendment inadequate medical 20 care claim, and against Defendants Dutra and Auten on his Eight Amendment excessive 21 force claim. (ECF Nos. 12, 13, & 87.) Defendants Ryan, Dutra, and Auten have 22 appeared in the action and filed a motion for summary judgment. (ECF Nos. 42 & 82.) 23 24 25 26 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; 27 2. The failure to file a response to this order will result in entry of default; 28 3. The issuance of this order operates as an extension of thirty days from the 1 date of service of this order to respond to the first amended complaint; 2 4. The Clerk’s Office is directed to serve a copy of this order on Tracy S. 3 Hendrickson, Supervising Deputy Attorney General; 4 5. Defense counsel shall provide the Court with Defendant Onwubuya’s last 5 known contact information within seven days of the date of this order, so 6 that a copy of this order may be forwarded to Defendant Onwubuya at the 7 address where service was effectuated. 8 9 10 IT IS SO ORDERED. Dated: February 9, 2015 /s/ 11 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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