Develder v. Hirshler et al

Filing 26

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2012 DISCHARGING the 23 order to show cause, and the court will resolve the motion for default in due course. (Yin, K)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MICHAEL J. DEVELDER, Plaintiff, 10 11 12 13 No. 2-09-cv-1803 EFB P vs. J. HIRSHLER, et al., Defendants. ORDER / 14 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 17 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C. 18 § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). 19 On October 22, 2012, the court ordered plaintiff to show cause why this action should not 20 be dismissed for failure to prosecute. Thereafter, the court received plaintiff’s October 24, 2012 21 motion for default and November 1, 2012 response to the order to show cause. 22 23 Good cause appearing, the order to show cause (Dckt. No. 23) is discharged, and the court will resolve the motion for default in due course. 24 So ordered. 25 Dated: November 8, 2012. 26

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