Howard v. Gonzales

Filing 23

ORDER Granting Plaintiff's 22 Motion Regarding Service; ORDER Requiring Defendant Gonzales to SHOW CAUSE Within Thirty Days Why Default Should not be Entered Against Him; ORDER Directing Clerk's Office to Serve Courtesy Copy on Litigation Office at CSATF and CDCR Legal Affairs, signed by Magistrate Judge Dennis L. Beck on 05/08/14. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY HOWARD,
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Plaintiff,
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v.

1:12cv00487 LJO DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION REGARDING SERVICE
(Document 22)

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G. GONZALES,
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Defendant.
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ORDER REQUIRING DEFENDANT
GONZALES TO SHOW CAUSE WITHIN
THIRTY DAYS WHY DEFAULT SHOULD
NOT BE ENTERED AGAINST HIM
ORDER DIRECTING CLERK’S OFFICE TO
SERVE COURTESY COPY ON LITIGATION
OFFICE AT CSATF AND ON CDCR LEGAL
AFFAIRS

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Plaintiff Timothy Howard (“Plaintiff”) is proceeding pro se and in forma pauperis in this

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civil rights action filed on March 30, 2012. On February 27, 2013, the Court issued an order finding

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service appropriate for Defendant C. Gonzales.

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On February 7, 2014, the United States Marshal returned summons, indicating that

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Defendant was personally served on January 24, 2014. A response was due on or before February

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17, 2014. Fed. R. Civ. P. 12(a), 6(d). Defendant has not responded to the complaint or otherwise

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appeared in this action.

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On May 1, 2014, Plaintiff filed a motion requesting that the Court order Defendant to answer

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the complaint. Plaintiff’s motion is GRANTED IN PART, as the Court will issue an order to show

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cause rather than ordering Defendant to answer.

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Accordingly, it is HEREBY ORDERED that:

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shall show cause why default should not be entered against him;
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Within thirty (30) days from the date of service of this order, Defendant Gonzales

To facilitate his ability to comply with this order, Defendant’s obligation to respond
to the complaint is extended thirty days from the date of service of this order; and

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

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the California Substance Abuse Treatment Facility and on the Legal Affairs Division

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of the California Department of Corrections and Rehabilitation.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 8, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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