Garbarini v. Ulit et al

Filing 13

ORDER Regarding Plaintiff's 12 Notice to Court of Non-Receipt of Answer to Complaint, signed by Magistrate Judge Stanley A. Boone on 1/29/15. (Verduzco, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RALPH GARBARINI, 9 Plaintiff, 10 11 v. WAYNE ULIT, et al., 12 Defendants. 13 14 15 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-01058-AWI-SAB (PC) ORDER REGARDING PLAINTIFF’S NOTICE TO COURT OF NON-RECEIPT OF ANSWER TO COMPLAINT [ECF No. 12] Plaintiff Ralph Garbarini is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 16 On January 28, 2015, Plaintiff filed a notice of the Court of non-receipt of an answer to the 17 complaint from Defendant Wayne Ulit. Plaintiff is advised that Defendant Ulit waived service of the 18 summons and complaint, and a response to the complaint is due within sixty days after December 12, 19 2014, which has not yet expired. Thus, to the extent Plaintiff seeks entry of default as to Defendant 20 Ulit, his request is premature and must be denied on such basis. 21 22 23 24 IT IS SO ORDERED. Dated: January 29, 2015 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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