Hernandez v. Federal Bureau of Prisons et al

Filing 36

ORDER REQUIRING Defendant Zarazoga to SHOW CAUSE within Thirty Days Why Default should not be Entered; Show Cause Response due within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 1/9/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE LOPEZ HERNANDEZ,

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Plaintiff,
v.

Case No. 1:15-cv-00573-BAM (PC)
ORDER REQUIRING DEFENDANT
ZARAGOZA TO SHOW CAUSE WITHIN
THIRTY DAYS WHY DEFAULT SHOULD
NOT BE ENTERED

FEDERAL BUREAU OF PRISONS, et al.,
(ECF No. 35)
Defendants.
THIRTY (30) DAY DEADLINE
Plaintiff Jose Lopez Hernandez (“Plaintiff”) is a former federal prisoner proceeding pro se

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in this civil rights action under Bivens v. Six Unknown Named Agents of Fed. Bureau of

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Narcotics, 403 U.S. 388 (1971). This action proceeds against Defendant Zaragoza (erroneously

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sued as Saragosh) for the failure to protect Plaintiff in violation of the Eighth Amendment.

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On August 12, 2017, Plaintiff mailed a waiver of service of summons to Defendant

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Zaragoza. Defendant Zaragoza signed the waiver on September 7, 2017, and Plaintiff returned

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the executed waiver of service on November 15, 2017. (ECF No. 35.) With the executed waiver

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of service, Plaintiff submitted returns of service indicating that on November 3, 2017, copies of

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the summons and complaint were sent by certified mail to the United States Attorney’s Office in

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Fresno, California, and to the United States Attorney General in Washington, D.C. (Id.)

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Defendant Zaragoza’s answer to the complaint was therefore due on or before January 2, 2018.

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See Fed. R. Civ. P. 4(i)(1); Fed. R. Civ. P. 12(a)(3).
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Accordingly, it is HEREBY ORDERED that:
1. Within thirty (30) days from the date of service of this order, Defendant Zaragoza shall
show cause why default should not be entered against him or her; and

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2. To facilitate the ability to comply with this order, Defendant Zaragoza’s obligation to

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respond to the complaint is extended thirty (30) days from the date of service of this

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order; and

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3. The Clerk’s Office shall serve a courtesy copy of this order on the United States
Penitentiary – Atwater, Attn: Litigation Coordinator.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 9, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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