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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEROY MANNING,

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Plaintiff,
vs.
L. D. ZAMORA, et al.,

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Defendants.

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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

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Leroy Manning ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. ' 1983. On October 3, 2012, Plaintiff filed the

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Complaint commencing this action. (Doc. 1.)

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This action now proceeds on the initial Complaint only against defendant Julie Kelly

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(“Defendant”) for inadequate medical care in violation of the Eighth Amendment.1 On May

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28, 2014, Defendant executed a Waiver of Service, and Defendant’s response to Plaintiff=s

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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.)

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Complaint was due on or before July 22, 2014. Fed. R. Civ. P. 12(a), 6(d). (Doc. 22.) To date,

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Defendant has not made an appearance or requested an extension of time.

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Accordingly, it is HEREBY ORDERED that:

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1.

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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;

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

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

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order; and

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3.

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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.

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IT IS SO ORDERED.
Dated:

August 14, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE