Calloway v. Kelley et al

Filing 60

ORDER for Plaintiff to SHOW CAUSE Why Entry of Default Should Not Be Entered Against Defendants Talisman and Fritz 57 , signed by Magistrate Judge Stanley A. Boone on 9/4/14: 20-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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Plaintiff,
v.
G. KELLEY, et al.,
Defendants.

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Case No.: 1:11-cv-01090-LJO-SAB (PC)
ORDER FOR PLAINTIFF TO SHOW CAUSE
WHY ENTRY OF DEFAULT SHOULD NOT BE
ENTERED AGAINST DEFENDANTS TALISMAN
AND FRITZ
[ECF No. 57]

Plaintiff Jamisi Jermaine Calloway is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On December 13, 2013, the Court directed the United States Marshal to serve the complaint on
Defendants Kelley, Talisman, Wang, Fritz, Schomer, Mazuk, Trinh, Bostanjian, and Syed.

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On February 20, 2014, Defendants Kelley and Wang filed an answer to the complaint.

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On August 14, 2014, the USM-285 service form was returned to the Court executed as to

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Defendant Pascua, along with a waiver of service of the summons. On February 25, 2014, Defendants

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Bostanjian and Syed filed an answer to the complaint. On February 27, 2014, Defendants Mazur and

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Schomer filed an answer to the complaint. Defendants Talisman and Fritz have yet to make an

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appearance in the action, despite the return of service executed by the U.S. Marshal.

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Under Rule 4(d)(3) of the Federal Rules of Civil Procedure, a defendant who timely returns a
waiver after being served with process has sixty days after the request was sent to serve an answer.
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Here, the waiver of service of summons was served upon Defendants Marc Talisman and Melissa Fritz

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on April 18, 2014, and an answer was due sixty days thereafter.

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Based on the fact that Defendants Talisman and Fritz have now been effectively served and no

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answers have been filed, IT IS HEREBY ORDERED that Plaintiff shall show cause in writing within

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twenty (20) days from the date of service of this order why entry of default should not be entered.

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IT IS SO ORDERED.

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Dated:

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September 4, 2014
UNITED STATES MAGISTRATE JUDGE

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