UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 28, 2012
G. MOONGA, ET AL.,
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER GRANTING PLAINTIFF'S MOTION AND ORDERING DEFENDANT MARTINEZ TO SERVE A COPY OF THE NOTICE AND ANSWER TO THE COMPLAINT (ECF No. 75) TEN DAY DEADLINE
Plaintiff Sammy Zamaro ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint, filed February 19, 2009, against Defendants Moonga, Akanno, and Martinez for deliberate indifference to serious medical needs in violation of the Eighth Amendment. *fn1 Following Plaintiff's motion for entry of default against Defendant Martinez, Defendant Martinez filed a notice regarding service on January 12, 2012, and an answer to the complaint on January 31, 2012. (ECF Nos. 71, 73.) Plaintiff filed a motion on February 23, 2012, stating that he did not receive a copy of either the notice or answer filed by Defendant Martinez. *fn2 (ECF No. 75.)
Accordingly, it is HEREBY ORDERED that Plaintiff's motion, filed February 23, 2012, is GRANTED and, within ten days from the day of service of this order, Defendant Martinez shall serve a copy of the notice, filed January 6, 2012, and answer filed January 31, 2012, on Plaintiff.
IT IS SO ORDERED.