Fowler v. Smith et al

Filing 29

ORDER DISCHARGING 24 Order to Show Cause signed by Magistrate Judge Michael J. Seng on 5/16/2017. (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 GARY FOWLER, 12 13 14 15 Plaintiff, CASE NO. 1:16-cv-01401-MJS (PC) ORDER DISCHARGING ORDER TO SHOW CAUSE v. (ECF No. 24) STEVEN SMITH, et al., Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. ยง 1983. The action proceeds on the following claims for damages: an Eighth Amendment claim for inadequate medical care against Defendants Smith, Forster, and Ridge; a constitutional retaliation claim against Defendant Smith; and a state law negligence claim against Defendants Smith, Forster, Ridge, and St. Clair. On May 12, 2015, Defendants were ordered to show cause why default should not be entered against them based on their failure to timely respond to the complaint. (ECF No. 24.) That same day, Defendants filed their answer. (ECF No. 25.) Given that Defendants have now responded to the complaint, the order to show 1 cause is HEREBY DISCHARGED. 2 3 4 IT IS SO ORDERED. Dated: May 16, 2017 /s/ 5 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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