(PC) Webster v. Haskins ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS WEBSTER, Case No. 1:18-cv-01640-BAM (PC) 12 Plaintiff, ORDER REQUIRING DEFENDANT NATALIE HASKINS TO SHOW CAUSE 13 v. WITHIN THIRTY DAYS WHY DEFAULT SHOULD NOT BE ENTERED 14 LOVE, et al., (ECF No. 30) 15 Defendants. ORDER DIRECTING CLERK’S OFFICE TO 16 SERVE COURTESY COPY 17 THIRTY (30) DAY DEADLINE 18 19 Plaintiff Thomas Webster (“Plaintiff”) is a civil detainee proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained under 21 California Welfare Institutions Code § 6600 et seq. are civil detainees and are not prisoners 22 within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 23 (9th Cir. 2000). 24 On October 28, 2019, the Court found service of the first amended complaint appropriate 25 as to Defendant Natalie Haskins for denial of adequate medical care in violation of the Fourteenth 26 Amendment. (ECF No. 27.) On November 8, 2019, the Court ordered the United States Marshal 27 to initiate service of process on Defendant Haskins. (ECF No. 29.) 28 /// 1 On February 19, 2020, the United States Marshal filed a USM-285 form indicating that on 2 February 18, 2020, Defendant Haskins was personally served at 1037 S. Chestnut Ave., Fresno, 3 CA 93702. (ECF No. 30.) The deadline for the filing of Defendant Haskins’ answer to the 4 complaint was therefore March 11, 2020. Fed. R. Civ. P. 12(a)(1)(A)(i). 5 Accordingly, it is HEREBY ORDERED that: 6 1. Within thirty (30) days from the date of service of this order, Defendant Haskins shall 7 show cause why default should not be entered against her; 8 2. To facilitate the ability to comply with this order, Defendant Haskins’ obligation to 9 respond to the complaint is extended thirty (30) days from the date of service of this 10 order; and 11 3. The Clerk’s Office shall serve a courtesy copy of this order on Natalie Haskins, Director 12 of Haskins House, 1037 S. Chestnut Ave., Fresno, California 93702. 13 IT IS SO ORDERED. 14 15 Dated: March 13, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28