Ricker v. California Department of Corrections Medical Department et al
Filing
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ORDER Requiring Defendant Hicks to SHOW CAUSE Why Default Should Not be Entered, signed by Magistrate Judge Gerald B. Cohn on 6/6/2011. (The deadline to file an Answer or otherwise responsive pleading to Plaintiffs Complaint is extended to August 1, 2011.) Response due by 7/11/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PHILLIP T. RICKER,
Plaintiff,
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CASE NO. 1:09-cv-01433-LJO-GBC (PC)
ORDER REQUIRING DEFENDANT HICKS
TO SHOW CAUSE WHY DEFAULT
SHOULD NOT BE ENTERED
v.
J. MCGUINNESS,
RESPONSE DUE BY JULY 11, 2011
Defendant.
/
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ORDER
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Upon finding that Plaintiff’s Complaint stated claims against Defendants LVN
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Tellorbes, Sgt. Anderson, RN Hicks, La Vann, LVN E. Lopez, C/O Stinger, LVN Alaape,
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and C/O Lambert for deliberate indifference to Plaintiff’s medical needs in violation of the
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Eighth Amendment (ECF No. 1), the Court ordered the U.S. Marshal to effect service on
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each Defendant. On February 25, 2011, the Court received a Waiver of Service Returned
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Executed signed by Jarhett Blonien, as attorney for Defendant Hicks, acknowledging
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receipt and stating that he agreed to waive formal service of the complaint. (ECF No. 21,
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p. 9.) The Waiver stated that Defendant “understand[s] that a judgment may be entered
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against [him] . . . if an answer or motion under Rule 12 is not filed within the U.S. District
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Court and served upon plaintiff within 60 days after 1/18/2011.” (Id.)
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Many of the other Defendants, whose waiver of service was also signed by Jarhett
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Blonien, filed an Answer to Plaintiff’s Complaint on March 21, 2011. (ECF No. 22.)
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However, Defendant Hicks is not included on that Answer.
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More than sixty days have passed since the January 18, 2011, and Defendant Hicks
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has failed to file an answer or otherwise respond to Plaintiff’s Complaint. Fed. R. Civ. P.
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12(a). If Defendant Hicks fails to respond to this Order by July 11, 2011, default may be
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entered against him. Fed. R. Civ. P. 55(a).
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Accordingly, it is HEREBY ORDERED that:
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1.
Defendant Hicks shall show cause why default should not be entered against
him on or before July 11, 2011;
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Failure to comply with this Order may result in the Entry of Default; and
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The deadline to file an Answer or otherwise responsive pleading to Plaintiff’s
Complaint is extended to August 1, 2011.
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IT IS SO ORDERED.
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Dated:
1j0bbc
June 6, 2011
UNITED STATES MAGISTRATE JUDGE
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