Manning v. Zamora et al

Filing 23

ORDER REQUIRING Defendant Kelly to SHOW CAUSE Within Thirty Days Why Default Should Not Be Entered Against Her 22 ; ORDER DIRECTING Clerk's Office to Serve Courtesy Copy of This Order on Defendant Kelly at Address Below, signed by Magistrate Judge Gary S. Austin on 8/14/14. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEROY MANNING, 12 13 14 Plaintiff, vs. L. D. ZAMORA, et al., 15 Defendants. 16 17 1:12-cv-01621-GSA-PC ORDER REQUIRING DEFENDANT KELLY TO SHOW CAUSE WITHIN THIRTY DAYS WHY DEFAULT SHOULD NOT BE ENTERED AGAINST HER (Doc. 22.) ORDER DIRECTING CLERK=S OFFICE TO SERVE COURTESY COPY OF THIS ORDER ON DEFENDANT KELLY AT ADDRESS BELOW 18 19 20 21 Leroy Manning ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis 22 in this civil rights action pursuant to 42 U.S.C. ' 1983. On October 3, 2012, Plaintiff filed the 23 Complaint commencing this action. (Doc. 1.) 24 This action now proceeds on the initial Complaint only against defendant Julie Kelly 25 (“Defendant”) for inadequate medical care in violation of the Eighth Amendment.1 On May 26 28, 2014, Defendant executed a Waiver of Service, and Defendant’s response to Plaintiff=s 27 28 1 On September 16, 2013, the court dismissed all other claims and defendants from this action based on Plaintiff’s failure to state a claim under § 1983. (Doc. 15.) 1 Complaint was due on or before July 22, 2014. Fed. R. Civ. P. 12(a), 6(d). (Doc. 22.) To date, 2 Defendant has not made an appearance or requested an extension of time. 3 Accordingly, it is HEREBY ORDERED that: 4 1. 5 6 Within thirty (30) days from the date of service of this order, defendant Julie Kelly shall show cause why default should not be entered against her; 2. To facilitate her ability to comply with this order, Defendant’s obligation to 7 respond to the Complaint is extended thirty days from the date of service of this 8 order; and 9 3. 10 The Clerk=s Office shall serve a courtesy copy of this order on defendant Julie Kelly at Urgent Care, 783 Quintana Place, Morro Bay, CA 93442. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 14, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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