Garcia v. Juarez

Filing 28

ORDER REQUIRING Defendant Juarez to SHOW CAUSE within Thirty Days Why Default should not be entered against Him 20 ; ORDER DIRECTING Clerk's Office to Serve Courtesy Copy of this order on Defendant Juarez at address below,signed by Magistrate Judge Gary S. Austin on 10/29/14. (30-Day Deadline) (Copy of this order forwarded to Matthew M. Juarez at KVSP)(Martin-Gill, S)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERTO M. GARCIA, JR.,

12
13
14

Plaintiff,
vs.
MATTHEW M. JUAREZ, JR.,

15

Defendant.

16
17

1:12-cv-00750-AWI-GSA-PC
ORDER REQUIRING DEFENDANT
JUAREZ TO SHOW CAUSE WITHIN
THIRTY DAYS WHY DEFAULT SHOULD
NOT BE ENTERED AGAINST HIM
(Doc. 20.)
ORDER DIRECTING CLERK=S OFFICE TO
SERVE COURTESY COPY OF THIS
ORDER ON DEFENDANT JUAREZ AT
ADDRESS BELOW

18

Roberto M. Garcia, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in forma

19

pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. On May 8, 2012, Plaintiff

20

filed the Complaint commencing this action. (Doc. 1.)

21

This action now proceeds on the First Amended Complaint against sole defendant

22

Matthew M. Juarez, Jr. (“Defendant”) for use of excessive force in violation of the Eighth

23

Amendment. Defendant’s response to Plaintiff=s Amended Complaint was due on or before

24

September 18, 2014.1 Fed. R. Civ. P. 12(a), 6(d). (Doc. 26.) To date, Defendant has not made

25

an appearance or requested an extension of time.

26
27
28

1

Defendant executed a Waiver of Service on October 13, 2014, which was filed with the Court by the
United States Marshal on October 14, 2014. (Doc. 26.) The Waiver of Service indicates that “a judgment may be
entered against [Defendant] if an answer or motion under Rule 12 is not filed within the U.S. District Court and
served upon plaintiff within 60 days after 7/16/14.” (Id.)

1

Accordingly, it is HEREBY ORDERED that:

2

1.

Within thirty (30) days from the date of service of this order, defendant

3

Matthew M. Juarez, Jr. shall show cause why default should not be entered

4

against him;

5

2.

To facilitate his ability to comply with this order, Defendant’s obligation to

6

respond to the Complaint is extended thirty days from the date of service of this

7

order; and

8

3.

9

The Clerk=s Office shall serve a courtesy copy of this order on defendant
Matthew M. Juarez, Jr. at Kern Valley State Prison, P.O. Box 3130, Delano, CA

10

93216-6000.

11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28

IT IS SO ORDERED.
Dated:

October 29, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE