Opinion
1:18-cv-00217-NONE-GSA-PC
07-08-2021
ISAIAH J. PETILLO, Plaintiff, v. GALLIGER, et al., Defendants.
ORDER FOR DEFENDANTS TO FILE RESPONSIVE PLEADING WITHIN 30 DAYS
Gary S. Austin UNITED STATES MAGISTRATE JUDGE
Isaiah J. Petillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff's First Amended Complaint filed on November 19, 2018, against defendant C/O J. Fugate for use of excessive force in violation of the Eighth Amendment; against defendants C/O J. Fugate and Captain J. Galliger for failing to protect Plaintiff in violation of the Eighth Amendment; and, against defendant Captain J. Galliger for retaliation in violation of the First Amendment. (ECF No. 18.)
On December 23, 2019, defendants Fugate and Galliger (“Defendants”) filed a motion to revoke Plaintiff's in forma pauperis status under 28 U.S.C. 1915(g), (ECF No. 31), and a motion for extension of time to file a response to the First Amended Complaint until further order of the court on their motion to revoke Plaintiff's in forma pauperis status, (ECF No. 32). On May 8, 2020, Defendants' motion for extension of time was granted. (ECF No. 40.)
On May 29, 2021, the court granted Defendants' motion to revoke Plaintiff's in forma pauperis status and ordered Plaintiff to pay the $400.00 filing fee for this case within 30 days. (ECF No. 44.) On June 28, 2021, Plaintiff paid the filing fee in full. (Court record.)
Defendants' motion to revoke Plaintiff's in forma pauperis status is now resolved and Defendants' extension of time to file a response to the First Amended Complaint has expired. Therefore, Defendants are now required to file a response.
Based on the foregoing, IT IS HEREBY ORDERED that within 30 days of the date of service of this order, Defendants are required to file a responsive pleading to Plaintiff's First Amended Complaint.
IT IS SO ORDERED.