Carr v. Federal Bureau of Prisons et al

Filing 87

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/2018 ORDERING within 21 days, defendant United States of America shall answer the complaint; the Clerk shall update the docket to reflect that plaintiff's address is 220 11th Ave., Seattle, WA 98122. (Yin, K)

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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 LEROY CARR, 12 Plaintiff, 13 14 No. 2:14-cv-2110 JAM CKD P v. ORDER FEDERAL BUREAU OF PRISONS, et al., 15 Defendants. 16 Plaintiff is a federal prisoner proceeding pro se in this case, which is on remand from the 17 18 Ninth Circuit. The mandate of the Ninth Circuit has issued, ordering that the appellate court’s 19 judgment, entered October 24, 2018, takes effect as of November 29, 2018. (ECF No. 86.) The 20 district court’s dismissal of plaintiff’s claims against the United States under the Federal Tort 21 Claims Act for failure to exhaust has been vacated, while the dismissal of the other claims and 22 defendants was affirmed. (ECF No. 85.) After the second amended complaint was screened, the defendants moved to dismiss the 23 24 complaint instead of filing an answer. (ECF No. 55.) Since the motion to dismiss was granted 25 (ECF No. 79), the government has yet to answer the complaint and will therefore be ordered to do 26 so. Additionally, the Ninth Circuit’s docket reflects that plaintiff’s address has changed and the 27 Clerk of the Court will be directed to update the docket. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 Within twenty-one days of the filing of this order, defendant United States of America shall answer the complaint. 2. The Clerk of the Court is directed to update the docket to reflect that plaintiff’s 5 address is 220 11th Ave., Seattle, WA 98122. 6 Dated: December 11, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 13:carr2110.answer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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