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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE LOPEZ HERNANDEZ, 12 13 14 15 16 17 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 18 in this civil rights action under Bivens v. Six Unknown Named Agents of Fed. Bureau of 19 Narcotics, 403 U.S. 388 (1971). This action proceeds against Defendant Zaragoza (erroneously 20 sued as Saragosh) for the failure to protect Plaintiff in violation of the Eighth Amendment. 21 On August 12, 2017, Plaintiff mailed a waiver of service of summons to Defendant 22 Zaragoza. Defendant Zaragoza signed the waiver on September 7, 2017, and Plaintiff returned 23 the executed waiver of service on November 15, 2017. (ECF No. 35.) With the executed waiver 24 of service, Plaintiff submitted returns of service indicating that on November 3, 2017, copies of 25 the summons and complaint were sent by certified mail to the United States Attorney’s Office in 26 Fresno, California, and to the United States Attorney General in Washington, D.C. (Id.) 27 Defendant Zaragoza’s answer to the complaint was therefore due on or before January 2, 2018. 28 See Fed. R. Civ. P. 4(i)(1); Fed. R. Civ. P. 12(a)(3). 1 1 2 3 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 4 2. To facilitate the ability to comply with this order, Defendant Zaragoza’s obligation to 5 respond to the complaint is extended thirty (30) days from the date of service of this 6 order; and 7 8 3. The Clerk’s Office shall serve a courtesy copy of this order on the United States Penitentiary – Atwater, Attn: Litigation Coordinator. 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara January 9, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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