Consiglio v. Brown et al

Filing 55

ORDER Requiring Defendants to File an Answer on or Before September 20, 2018 signed by Magistrate Judge Stanley A. Boone on 09/07/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAM CONSIGLIO, JR.,

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Plaintiff,

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vs.
EDMUND G. BROWN, et al.,

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Defendants.

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Case No.: 1:16-cv-01268-AWI-SAB (PC)
ORDER REQUIRING DEFENDANTS TO
FILE AN ANSWER ON OR BEFORE
SEPTEMBER 20, 2018

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Plaintiff Sam Consiglio, Jr., is a civil detainee proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983.
On September 6, 2018, 2018, an order issued granting Defendants Ahlin and Brown’s

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motion to dismiss in part and denying in part, and denying Defendant Price’s motion to dismiss.

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(ECF No. 54.) Consequently, this case now proceeds on Plaintiff’s claim against Defendants

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Ahlin and Price, in their official capacities, that a ban on certain electronic devices at CSH

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pursuant to 9 C.C.R. § 891 and 9 C.C.R. § 4350 amounts to punishment in violation of the

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Fourteenth Amendment.
Pursuant to Rule 12 of the Federal Rules of Civil Procedure, when a motion under Rule

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12 is decided, the defendant has fourteen (14) days after notice of the court’s action to file a

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responsive pleading. Fed. R. Civ. P. 12(a)(4)(A).

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Accordingly, IT IS HEREBY ORDERED that Defendants Ahlin and Price shall file an

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answer to the complaint on or before September 20, 2018.

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IT IS SO ORDERED.

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Dated:

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September 7, 2018
UNITED STATES MAGISTRATE JUDGE

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