Gress v. Smith, et al.

Filing 72

ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/30/2015 ORDERING Defendant Florencio Moreno to show cause in writing, within twenty-one days, why default should not be entered; DIRECTING the Clerk of Court to forward a copy of this Order and a copy of 41 Order Taxing Costs of Service to Defendant Florencio Moreno at 5814 Garner Lake, Stockton, CA 95207 and 9009 Rieti Lane, Stockton, CA 95212. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRESS, 12 Plaintiff, 13 14 No. 2:13-cv-0328 KJN P v. ORDER TO SHOW CAUSE DR. CHRISTOPHER SMITH, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding through counsel. By an order filed January 23, 18 2014, this court directed the United States Marshal to serve all process without prepayment of 19 costs. On May 16, 2014, the Marshal returned the summons and complaint indicating service on 20 defendant Florencio Moreno was executed on May 14, 2014. (ECF No. 40.) Defendant Moreno, 21 although properly served, has not yet filed a responsive pleading, or responded to the court’s 22 order taxing the costs of service of process to defendant Moreno. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. Defendant Florencio Moreno shall show cause in writing, within twenty-one days from 25 the date of this order, why default should not be entered; and 26 //// 27 //// 28 //// 1 1 2. The Clerk of the Court shall forward a copy of this order, as well as a copy of the order 2 taxing costs of service (ECF No. 41) to defendant Florencio Moreno at the following two 3 addresses: 4 (a) 5814 Garner Lane, Stockton, California 95207; and 5 (b) 9009 Rieti Lane, Stockton, California 95212. 6 Dated: March 30, 2015 7 8 /gres0328.77d 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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