Hightower v. High Desert State Prison et al

Filing 49

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/8/2011 ORDERING that w/in 21 days, dft shall SHOW CAUSE why default should not be entered against him; and the clerk is to serve a copy of this order on Monica Anderson. (cc: Monica Anderson)(Yin, K)

(PC) Hightower v. High Desert State Prison et al

Doc. 49

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. W. PATTON, Defendant. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On December 9, 2010, defendant Patton was personally served. See Dckt. No. 45. Federal Rule of Civil Procedure 55 states: When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. A defendant must serve a responsive pleading within 21 days of being served with the summons and complaint. Fed. R. Civ. P. 12(a). Although defendant was served months ago, he has not filed a responsive pleading to the complaint. //// ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CURTIS HIGHTOWER, Plaintiff, No. CIV S-08-0228 EFB P

ORDER

Dockets.Justia.com

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Accordingly, it is hereby ORDERED that: 1. Within 21 days of the date of this order, defendant shall show cause why default should not be entered against him; and 2. The Clerk is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. Dated: March 8, 2011.

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