IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 8, 2011
CURTIS HIGHTOWER, PLAINTIFF,
W. PATTON, DEFENDANT.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On December 9, 2010, defendant Patton was personally served. See Dckt. No. 45.
Federal Rule of Civil Procedure 55 states: When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
A defendant must serve a responsive pleading within 21 days of being served with the summons and complaint. Fed. R. Civ. P. 12(a). Although defendant was served months ago, he has not filed a responsive pleading to the complaint.
Accordingly, it is hereby ORDERED that:
1. Within 21 days of the date of this order, defendant shall show cause why default should not be entered against him; and
2. The Clerk is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General.
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