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Gaston v. Terronez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 27, 2010

ANTHONY GASTON, PLAINTIFF,
v.
TERRONEZ, DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER

Plaintiff Anthony Gaston ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Defendant has not filed an answer to Plaintiff's complaint. Defendant filed a motion to dismiss on December 24, 2009, that was denied on July 28, 2010. (Docs. #15, 27.)

Pursuant to Federal Rule of Civil Procedure 12(a)(4), Defendant's answer was due within fourteen (14) days after Defendant's motion to dismiss under Rule 12 was denied. Defendant's answer is late.

Accordingly, Defendant is HEREBY ORDERED to file an answer to Plaintiff's complaint within fourteen (14) days of the date of service of this order. No extensions of time will be granted for the filing of Defendant's answer.

IT IS SO ORDERED.

20100927

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