Petillo v. Galliger et al

Filing 49

ORDER for Defendants to File Responsive Pleading within 30 Days, signed by Magistrate Judge Gary S. Austin on 07/8/2021. (Response Due: 30-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ISAIAH J. PETILLO,

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Plaintiff,

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1:18-cv-00217-NONE-GSA-PC
ORDER FOR DEFENDANTS TO FILE
RESPONSIVE PLEADING WITHIN 30 DAYS

vs.
GALLIGER, et al.,

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Defendants.

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Isaiah J. Petillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s

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First Amended Complaint filed on November 19, 2018, against defendant C/O J. Fugate for use

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of excessive force in violation of the Eighth Amendment; against defendants C/O J. Fugate and

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Captain J. Galliger for failing to protect Plaintiff in violation of the Eighth Amendment; and,

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against defendant Captain J. Galliger for retaliation in violation of the First Amendment. (ECF

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No. 18.)

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On December 23, 2019, defendants Fugate and Galliger (“Defendants”) filed a motion to

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revoke Plaintiff’s in forma pauperis status under 28 U.S.C. 1915(g), (ECF No. 31), and a motion

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for extension of time to file a response to the First Amended Complaint until further order of the

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court on their motion to revoke Plaintiff’s in forma pauperis status, (ECF No. 32). On May 8,

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2020, Defendants’ motion for extension of time was granted. (ECF No. 40.)
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On May 29, 2021, the court granted Defendants’ motion to revoke Plaintiff’s in forma

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pauperis status and ordered Plaintiff to pay the $400.00 filing fee for this case within 30 days.

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(ECF No. 44.) On June 28, 2021, Plaintiff paid the filing fee in full. (Court record.)

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Defendants’ motion to revoke Plaintiff’s in forma pauperis status is now resolved and

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Defendants’ extension of time to file a response to the First Amended Complaint has expired.

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Therefore, Defendants are now required to file a response.

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Based on the foregoing, IT IS HEREBY ORDERED that within 30 days of the date of

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service of this order, Defendants are required to file a responsive pleading to Plaintiff’s First

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Amended Complaint.

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IT IS SO ORDERED.
Dated:

July 8, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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