Garbarini v. Ulit et al

Filing 16

ORDER Regarding Plaintiff's Second Notice to Court Non-Receipt of Answer to Complaint 15 , signed by Magistrate Judge Stanley A. Boone on 2/20/15.(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH GARBARINI,

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Plaintiff,
v.

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WAYNE ULIT, et al.,
Defendants.

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Case No.: 1:14-cv-01058-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF’S SECOND
NOTICE TO COURT OF NON-RECEIPT OF
ANSWER TO COMPLAINT
[ECF No. 15]

Plaintiff Ralph Garbarini is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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On February 19, 2015, Plaintiff filed a second notice of the Court of non-receipt of an answer

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to the complaint from Defendants Ulit, Smith, Moon, and Wang. Plaintiff is advised that Defendants

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filed a timely response via motion to dismiss on February 10, 2015, which was served by U.S. mail on

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Plaintiff at his address of record. (ECF No. 14.) Thus, to the extent Plaintiff seeks entry of default

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pursuant to Federal Rule of Civil Procedure 55 against Defendants, his request must be DENIED.

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IT IS SO ORDERED.

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Dated:

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February 20, 2015
UNITED STATES MAGISTRATE JUDGE

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