Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 5/7/2013 ORDERING defendants to SHOW CAUSE, within 21 days, why default should not be entered; the Clerk shall forward a copy of this order to Kelli Hammond, Esq; and the Clerk shall also serve a copy of this order on Monica Anderson. (cc: Monica Anderson)(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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JOHN PHILIP MONCRIEF,
Plaintiff,

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No. 2:12-cv-0414 MCE AC P

vs.

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CALIFORNIA DEPT. OF
CORRECTIONS AND
REHABILITATION, et al.

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Defendants.

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ORDER
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Plaintiff is a prisoner proceeding with counsel in this civil action brought pursuant

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to 42 U.S.C. § 1983. On September 4, 2012, plaintiff filed an amended complaint, which

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defendants moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and the

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Eleventh Amendment. See First Amended Complaint, Sept. 4, 2012, ECF No. 9; Motion to

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Dismiss, Sept. 25, 2012, ECF No. 11.

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On February 14, 2013, the court granted in part and denied in part defendants’

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motion to dismiss, additionally directing that plaintiff had twenty days to file an amended

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complaint. See Order, Feb. 14, 2012, ECF No. 18. The court specifically directed that if no

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amended complaint was filed within the twenty day period, Counts Three, Four, Five, and Six of
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the First Amended Complaint would be dismissed with prejudice without further notice to the

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parties. To date, no amended complaint has been filed, and accordingly, Counts Three, Four,

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Five, and Six of the First Amended Complaint have been dismissed with prejudice. Counts One,

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Two, Seven, Eight and Nine remain, however, and, to date, defendants have not filed an answer

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to these remaining counts.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Defendants show cause, within twenty-one days from the date of this
order, why default should not be entered;

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2.

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

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c/o Kelli Hammond, Esq., Deputy Attorney General, 1300 I Street, Suite

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125, 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
monc0414.77A

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