Barbour v. United States of America

Filing 43

ORDER DIRECTING Defendant United States of America to File Responsive Pleading; Twenty-One (21) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 1/21/2021. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT BARBOUR,

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Plaintiff,
v.
UNITED STATES OF AMERICA,

Case No. 1:18-cv-00246-NONE-BAM (PC)
ORDER DIRECTING DEFENDANT UNITED
STATES OF AMERICA TO FILE
RESPONSIVE PLEADING
TWENTY-ONE (21) DAY DEADLINE

Defendant.

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Plaintiff Scott Barbour (“Plaintiff”) is a federal prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b).
On September 2, 2020, the Court granted in part and denied in part Defendant United

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States of America’s motion to dismiss. (ECF No. 33.) Accordingly, on September 3, 2020, the

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Court directed Defendant to file an answer or other responsive pleading to Plaintiff’s first

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amended complaint. (ECF No. 34.) Following the filing of Plaintiff’s motion for reconsideration

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of the Court’s order granting in part and denying in part Defendant’s motion to dismiss, the Court

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vacated the deadline to file a responsive pleading until after resolution of the motion for

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reconsideration. (ECF Nos. 35, 37.)

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On January 20, 2021, the District Judge denied Plaintiff’s motion for reconsideration.

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(ECF No. 42.) This action proceeds against Defendant United States of America only on

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Plaintiff’s claim for failure to patrol. (Id.)
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Accordingly, Defendant shall file an answer or other responsive pleading to Plaintiff’s
first amended complaint within twenty-one (21) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 21, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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