Rushdan v. Davey et al.

Filing 55

ORDER REQUIRING Defendant Casas to SHOW CAUSE within Thirty Days Why Default should not be Entered Against him; ORDER DIRECTING Clerk's Office to Serve Courtesy Copy of this Order on Defendant Casas at Address Below signed by Magistrate Judge Gary S. Austin on 12/2/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALADIN RUSHDAN aka
ROBERT STANLEY WOODS,
Plaintiff,

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vs.

1:16-cv-00988-LJO-GSA-PC
ORDER REQUIRING DEFENDANT CASAS
TO SHOW CAUSE WITHIN THIRTY
DAYS WHY DEFAULT SHOULD NOT BE
ENTERED AGAINST HIM
(ECF No. 28.)

D. DAVEY, et al.,
Defendants.

ORDER DIRECTING CLERK’S OFFICE
TO SERVE COURTESY COPY OF THIS
ORDER ON DEFENDANT CASAS AT
ADDRESS BELOW

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Saladan Rushdan, aka Robert Stanley Woods (“Plaintiff”), is a state prisoner proceeding
pro se with this civil rights action pursuant to 42 U.S.C. § 1983.

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This case now proceeds with Plaintiff’s Second Amended Complaint filed on March 9,

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2018, against defendant Correctional Officer Casas (“Defendant”) for use of excessive force in

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violation of the Eighth Amendment and related state claims. (ECF No. 28.)

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On August 2, 2019, defendant Casas executed a waiver of service of summons form,

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which was submitted to the court on August 5, 2019 by the United States Marshal. (ECF No.

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54.) Defendant’s response to Plaintiff’s Second Amended Complaint was due to be filed within

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60 days after August 1, 2019. Fed. R. Civ. P. 12(a), 6(d). (ECF No. 28 at 1.) The 60-day time

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period has passed and 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 Casas
shall show cause why default should not be entered against him;

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To facilitate his 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;

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3.

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Defendant’s failure to respond to this order may result in entry of default against
him; and

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The Clerk’s Office shall serve a courtesy copy of this order on Defendant at:

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C/O Casas
Corcoran State Prison
P.O. Box 3456
Corcoran, CA 93212

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IT IS SO ORDERED.
Dated:

December 2, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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