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Angel H. Hernandez v. Chris Jordan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 8, 2010

ANGEL H. HERNANDEZ,
PLAINTIFF,
v.
CHRIS JORDAN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER REQUIRING DEPUTY COSTNER TO SHOW CAUSE WHY DEFAULT SHOULD NOT BE ENTERED AGAINST HIM ORDER REQUIRING CLERK'S OFFICE TO (Doc. 17) SEND COURTESY COPIES OF ORDER BY MAIL TO DEPUTY COSTNER AND KINGS COUNTY COUNSEL'S OFFICE FIFTEEN-DAY DEADLINE

Plaintiff Angel H. Hernandez, a state prisoner proceeding pro se and in forma pauperis, filed this civil action pursuant to 42 U.S.C. § 1983 and California law on February 11, 2009. This action is proceeding on Plaintiff's amended complaint against Defendants Costner and Doe 1 for use of excessive force, in violation of the Fourteenth Amendment, and for negligence under California law. 28 U.S.C.1915A.

On June 29, 2010, Senior Kings County Sheriff's Deputy Costner was personally served with a summons and the amended complaint by the United States Marshal. Fed. R. Civ. P. 4(a). However, Deputy Costner failed to file a timely response to Plaintiff's amended complaint. Fed.R. Civ. P. 12(a). If Deputy Costner fails to respond to this order within fifteen days, default will be entered against him. Fed. R. Civ. P. 55(a).

Accordingly, it is HEREBY ORDERED that:

1. Deputy Costner shall show cause why default should not be entered against him within fifteen (15) days from the date of service of this order;

2. The failure to comply with this order will result in the entry of default; and

3. The Clerk's Office shall send courtesy copies of this order by mail to: Senior Kings County Sheriff's Deputy Costner Kings County Sheriff's Department 1444 W. Lacey Blvd.

Hanford, CA 93230 and Kings County Counsel's Office 1400 W. Lacey Blvd., Bldg. 4 Hanford, CA 93230.

IT IS SO ORDERED.

20101208

© 1992-2010 VersusLaw Inc.



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