UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 26, 2010
JOSE AVINA, PLAINTIFF,
J. CRONJAGAR, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER REQUIRING DEFENSE COUNSEL TO PROVIDE STATUS UPDATE REGARDING DEFENDANT CRONJAGER RESPONSE DUE WITHIN TWENTY DAYS
Plaintiff Jose Avina ("Plaintiff") is a California state prisoner proceeding pro se and in forma pauperis in this civil rights action. This action is proceeding on Plaintiff's first amended complaint against Defendants Cronjager, Lunes, Ruff, Roman, and Fischer. Defendant Cronjager has yet to appear in this action. The United States Marshal was unable to locate Defendant Cronjager for service of process, and on August 25, 2010, the USM-285 form regarding Defendant Cronjager was returned. On August 31, 2010, the Court ordered Plaintiff to provide further information for the United States Marshal to effect service. On September 13, 2010, Defendant Lunes filed a motion for extension of time to file a responsive pleading. In this motion, defense counsel for Defendant Lunes also stated that they would be representing Defendant Cronjager in this action. As of the date of this order, Defendant Cronjager has yet to appear. The Court will require counsel to provide a status update regarding this matter.
Accordingly, it is HEREBY ORDERED that defense counsel is to provide a status update regarding Defendant Cronjager within twenty (20) days from the date of service of this order.
IT IS SO ORDERED.
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