Hightower v. High Desert State Prison et al

Filing 59

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/20/2011 ORDERING that dft's 54 motion to set aside default is GRANTED; the clerk to SET ASIDE the 53 default of dft Patton; dft's counsel to perform a good faith inquiry into the whereabouts of Sgt. W. Patton and provide that information to the court or the the USM by 5/27/2011. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURTIS HIGHTOWER,
Plaintiff,

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No. CIV S-08-0228 MCE EFB P

Defendant.

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ORDER

vs.
W. PATTON,

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On May 18, 2011, the undersigned held a hearing on defendant’s motion to set aside

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default. For the reasons stated on the record, defendant’s motion to set aside default is granted.

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The Clerk shall set aside the default of defendant Patton.

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Counsel specially appearing for defendant, Richard Price, is ordered to perform a good

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faith inquiry into the whereabouts of Sgt. W. Patton and provide that information to the court or

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to the U.S. Marshal by May 27, 2011.

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So ordered.
Dated: May 20, 2011.