Robinson v. Kate et al

Filing 37

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 05/07/13 ordering defendants Matthew Cate and George Guirbino show cause within 21 days from the date of this order why default should not be entered. The clerk of the court shall for ward a copy of this order to defendants Matthew Cate and George Giurbino, c/o David Brice, Esq. Office of the Attorney General, PO Box 944255, Sacramento, CA 94244-2550; and the clerk of the court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE JAMAL ROBINSON,
Plaintiff,

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vs.
MATTHEW CATE, et al.
Defendants.

ORDER
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No. 2:11-cv-2555 MCE AC P

Plaintiff is a prisoner proceeding pro se in this civil action brought pursuant to 42

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U.S.C. § 1983. Defendants waived service of the complaint, and filed a motion to dismiss

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pursuant to Federal Rule of Civil Procedure 12(b)(6). See Waivers of Service Returned

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Executed, Feb. 15, 2012 and March 7, 2012, ECF Nos. 15, 16, 17; Motion to Dismiss, Mar. 20,

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2012, ECF No. 18.

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On February 26, 2013, the court granted defendants’ motion to dismiss,

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dismissing the complaint as moot against defendant McDonald, and dismissing the complaint

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with leave to amend against defendants Cate and Guirbino. See Order, Feb. 26, 2012, ECF No.

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35. On March 27, 2013, plaintiff filed an amended complaint against defendants Cate and

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Guirbino; however, to date, defendants Cate and Guirbino have not responded to the amended
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complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendants Matthew Cate and George Guirbino show cause, within

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twenty-one days from the date of this order, why default should not be

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entered;

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2.

The Clerk of the Court shall forward a copy of this order to defendants

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Matthew Cate and George Giurbino, c/o David Brice, Esq., Office of the

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Attorney General, P.O. Box 944255, Sacramento, CA 94244-2550; and

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3.

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The Clerk of the Court is directed to serve a copy of this order on Monica
Anderson, Supervising Deputy Attorney General.

DATED: May 7, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb

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robi2555.77A

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