Sykes v. Athannasious et al

Filing 71

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/9/2014 ORDERING that within 7 days, defendant Bick shall show cause why judgment should not be entered against him for his failure to file a responsive pleading within 60 days of 3/24/2014. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILTON SYKES,

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Plaintiff,

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No. 2: 12-cv-2570 TLN KJN P

v.

ORDER TO SHOW CAUSE

ATHANNASIOUS, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On April 15, 2014, defendant Bick filed a waiver of service. (ECF No. 62.)

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The waiver states that judgment may be entered against defendant Bick if an answer or motion

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under Rule 12 is not filed within sixty days after March 24, 2014. Defendant Bick did not file an

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answer or motion under Rule 12 within sixty days of March 24, 2014.1
Because plaintiff’s counsel was appointed on April 24, 2014, plaintiff’s counsel is likely

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unaware of the difficulty in obtaining service of defendant Bick. For this reason, the undersigned

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orders defendant Bick to show cause why judgment should not be entered against him for his

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failure to file a responsive pleading within sixty days of March 24, 2014.

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On July 7, 2014, the Attorney General’s Office filed a statement of non-opposition to plaintiff’s
motion to reopen discovery. (ECF No. 70.) This pleading lists Dr. Bick as being represented by
the Attorney General’s Office. This statement of non-opposition does not qualify as a responsive
pleading.
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Accordingly, IT IS HEREBY ORDERED that within seven days of the date of this order,

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defendant Bick shall show cause why judgment should not be entered against him for his failure

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to file a responsive pleading within sixty days of March 24, 2014.

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Dated: July 9, 2014

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Sy2570.osc

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