Hanna v. Mariposa County Sheriff Dept. et al

Filing 28

ORDER DENYING 27 Plaintiff's Motion to Order Defendants to File Responsive Pleading signed by Magistrate Judge Stanley A Boone on 5/6/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD CHARLES HANNA,

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CASE NO. 1:12-cv-00501-AWI-SAB

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO ORDER DEFENDANTS TO FILE
RESPONSIVE PLEADING

v.
MARIPOSA COUNTY SHERIFF DEPT.,
et al.,

(ECF No. 27)

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Defendants.
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Plaintiff Richard Charles Hanna is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff’s complaint was screened and found to state

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cognizable claims on June 25, 2012. (ECF No. 13.) On January 8, 2013, the United States Marshal

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was ordered to effect service of process on Defendants. (ECF No. 23.) On May 2, 2013, Plaintiff

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filed a motion for an order directing Defendants to file a responsive pleading or enter judgment in

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his favor. (ECF No. 27.)

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Entry of default is appropriate as to any party against whom a judgment for affirmative relief

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is sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil

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Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ. P. 55(a).

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The court has issued an order directing the United States Marshal to initiate service on the

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defendants in this action. Until the defendants have either waived service and failed to respond

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within sixty days or been personally served and failed to respond within twenty days, they are not

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in default and Plaintiff is not entitled to entry of default.
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Upon inquiry, the United States Marshal has informed the Court that currently they are

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proceeding to personally serve the defendants in this action. Until such time as the defendants are

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served, no responsive pleading is due and the defendants are not in default. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s motion, filed May 2, 2013, is DENIED.

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IT IS SO ORDERED.

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Dated:
i1eed4

May 6, 2013
UNITED STATES MAGISTRATE JUDGE

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