Calvin v. Elfo et al

Filing 13

ORDER TO SHOW CAUSE directed to defendants. Show Cause Response due by 11/8/2013. A copy of this Order has been mailed to plaintiff today. Signed by Hon. Mary Alice Theiler. (GB)

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01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 07 08 09 DONALD CALVIN, 10 11 12 13 ) ) Plaintiff, ) ) v. ) ) BILL ELFO, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C13-0859-MJP-MAT ORDER TO SHOW CAUSE 14 15 Plaintiff, proceeding pro se and in forma pauperis (IFP), submitted a proposed 42 16 U.S.C. ยง 1983 civil rights complaint, which was docketed on June 10, 2013. (Dkt. 8.) 17 Plaintiff also, on June 4, 2013, filed Certificates of Personal Service, indicating he personally 18 served two of the named defendants in this matter, as well as their anticipated counsel. (Dkt. 19 6.) On September 20, 2013 and September 30, 2013, counsel for defendants submitted 20 Notices of Appearance in this matter. (Dkts. 9 & 11.) However, while noting that the notices 21 were submitted without waiving, inter alia, issues of jurisdiction and service, it remains that, to 22 date, defendants have submitted neither an answer, nor a motion permitted under Rule 12 of the ORDER TO SHOW CAUSE PAGE -1 01 Federal Rules of Civil Procedure. Accordingly, the Court does hereby ORDER as follows: 02 (1) Defendants shall SHOW CAUSE within twenty-one (21) days of the date on 03 which this Order is signed why default should not be entered against them in this action for 04 failure to plead or otherwise defend. 05 (2) The Clerk is directed to send copies of this Order to plaintiff, to counsel for 06 defendants, and to the Honorable Marsha J. Pechman. 07 DATED this 18th day of October, 2013. 08 09 A 10 Mary Alice Theiler Chief United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 ORDER TO SHOW CAUSE PAGE -2

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