Shehee v. Ahlin et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GREGORY ELL SHEHEE,
PAMELA AHLIN, et al,
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)
Plaintiff Gregory Ell Shehee (“Plaintiff”) is a civil detainee proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s third amended complaint against Defendants Tur and Nguyen for inadequate medical
care arising from events occurring prior to Plaintiff’s surgery in April 2014, in violation of the
On April 19, 2017, the United States Marshal was ordered to serve process on Plaintiff’s
behalf. (ECF No. 38.) On August 3, 2017, the United States Marshal filed a USM-285 form
indicating that Defendant Tur had been served on July 6, 2017. The USM-285 indicates that a
copy of the summons and complaint was left with Melanie Varner, caregiver, who is documented
as a person of suitable age and discretion then residing in the defendant’s usual place of abode.
(ECF No. 43.) Therefore, a response to the third amended complaint by Defendant Tur was due
on or before July 27, 2017. Fed. R. Civ. P. 12(a)(1)(A).
Defendant Tur failed to respond by July 27, 2017. Accordingly, on September 20, 2017,
the Court issued an order for Defendant Tur to show cause as to why he failed to file a responsive
pleading. (ECF No. 50.) On October 18, 2017, Defendant Nguyen filed a response to the show
cause order. (ECF No. 52.) Defendant Nguyen states that Defendant Tur no longer works at
Department of State Hospitals-Coalinga or the State of California. In addition, defense counsel
attempted to contact Defendant Tur during August and September 2017, but was unable to reach
him by telephone or personal service. Defendant Nguyen further states that without a request for
representation from Defendant Tur, the State cannot represent him in these proceedings. (Id.) As
of this date, Defendant Tur has failed to file a response to the third amended complaint, or the
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
show cause (ECF No. 50), along with a copy of this order, on Defendant Tur at the
confidential address served by the U.S. Marshal Service on July 6, 2017; and
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.
IT IS SO ORDERED.
October 30, 2017
UNITED STATES MAGISTRATE JUDGE
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