Ayala v. Ayers et al

Filing 177

ORDER re 151 MOTION for Order to Show Cause. Signed by Judge JEFFREY S. WHITE on 2/22/13. (jjoS, COURT STAFF) (Filed on 2/22/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 REYNALDO AYALA, 9 Plaintiff, 11 For the Northern District of California United States District Court 10 No. C 10-00979 JSW v. ROBERT AYERS, JR, ET AL., 12 ORDER RE MOTION FOR AN ORDER TO SHOW CAUSE Defendants. / 13 14 Now before the Court is the motion filed by Plaintiff Reynaldo Ayala for an order 15 requiring Defendants D. Schlosser, J. Guthrie, J. Wagner, and S. Faaita (collectively, “Custody 16 Staff Defendants”) to file an answer to the Third Amended Complaint. The Court finds that this 17 matter is appropriate for disposition without oral argument and it is deemed submitted. See Civ. 18 L.R. 7-1(b). Accordingly, the hearing set for March 22, 2013 is HEREBY VACATED. Having 19 considered the parties’ papers and the relevant legal authority, and good cause appearing, the 20 Court hereby GRANTS Plaintiff’s request. 21 Defendants to a lawsuit brought by a prison inmate may formally waive their right to 22 reply to a complaint. According to 42 U.S.C. § 1997e(g)(1), “[a]ny defendant may waive the 23 right to reply to any action brought by a prisoner confined to any jail, prison, or other 24 correctional facility under section 1983 of this title or any other Federal law.” However, the 25 Court may order that defendants to respond to the complaint pursuant to 42 U.S.C. § 26 1997e(g)(2). 27 28 1 2 3 4 The Court finds it appropriate in this matter for Custody Staff Defendants to file a written answer to the Third Amended Complaint by no later than March 8, 2013. IT IS SO ORDERED. Dated: February 22, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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