Shehee v. Ahlin et al

Filing 53

ORDER Directing Clerk's Office to Re-Serve September 20, 2017 Order on Defendant Tur; ORDER Extending Show Cause Order and Directing Defendant Tur to Respond within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 10/30/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

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v.
PAMELA AHLIN, et al,
Defendants.

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Case No. 1:14-cv-00005-LJO-BAM (PC)
ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE SEPTEMBER 20, 2017 ORDER
ON DEFENDANT TUR
ORDER EXTENDING SHOW CAUSE
ORDER AND DIRECTING DEFENDANT
TUR TO RESPOND WITHIN THIRTY (30)
DAYS

Plaintiff Gregory Ell Shehee (“Plaintiff”) is a civil detainee proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s third amended complaint against Defendants Tur and Nguyen for inadequate medical

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care arising from events occurring prior to Plaintiff’s surgery in April 2014, in violation of the

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Fourteenth Amendment.

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On April 19, 2017, the United States Marshal was ordered to serve process on Plaintiff’s

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behalf. (ECF No. 38.) On August 3, 2017, the United States Marshal filed a USM-285 form

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indicating that Defendant Tur had been served on July 6, 2017. The USM-285 indicates that a

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copy of the summons and complaint was left with Melanie Varner, caregiver, who is documented

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as a person of suitable age and discretion then residing in the defendant’s usual place of abode.

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(ECF No. 43.) Therefore, a response to the third amended complaint by Defendant Tur was due

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on or before July 27, 2017. Fed. R. Civ. P. 12(a)(1)(A).
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Defendant Tur failed to respond by July 27, 2017. Accordingly, on September 20, 2017,

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the Court issued an order for Defendant Tur to show cause as to why he failed to file a responsive

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pleading. (ECF No. 50.) On October 18, 2017, Defendant Nguyen filed a response to the show

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cause order. (ECF No. 52.) Defendant Nguyen states that Defendant Tur no longer works at

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Department of State Hospitals-Coalinga or the State of California. In addition, defense counsel

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attempted to contact Defendant Tur during August and September 2017, but was unable to reach

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him by telephone or personal service. Defendant Nguyen further states that without a request for

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representation from Defendant Tur, the State cannot represent him in these proceedings. (Id.) As

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of this date, Defendant Tur has failed to file a response to the third amended complaint, or the

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Court’s September 20, 2017 show cause order.
Accordingly, it is HEREBY ORDERED that:
1. The Clerk of the Court is DIRECTED to re-serve the Court’s September 20, 2017 order to

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show cause (ECF No. 50), along with a copy of this order, on Defendant Tur at the

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confidential address served by the U.S. Marshal Service on July 6, 2017; and

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2. Within thirty (30) days from the date of service of this order, Defendant Tur shall show
cause why default should not be entered against him.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 30, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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