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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 15 v. PAMELA AHLIN, et al, Defendants. 16 17 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 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s third amended complaint against Defendants Tur and Nguyen for inadequate medical 20 care arising from events occurring prior to Plaintiff’s surgery in April 2014, in violation of the 21 Fourteenth Amendment. 22 On April 19, 2017, the United States Marshal was ordered to serve process on Plaintiff’s 23 behalf. (ECF No. 38.) On August 3, 2017, the United States Marshal filed a USM-285 form 24 indicating that Defendant Tur had been served on July 6, 2017. The USM-285 indicates that a 25 copy of the summons and complaint was left with Melanie Varner, caregiver, who is documented 26 as a person of suitable age and discretion then residing in the defendant’s usual place of abode. 27 (ECF No. 43.) Therefore, a response to the third amended complaint by Defendant Tur was due 28 on or before July 27, 2017. Fed. R. Civ. P. 12(a)(1)(A). 1 1 Defendant Tur failed to respond by July 27, 2017. Accordingly, on September 20, 2017, 2 the Court issued an order for Defendant Tur to show cause as to why he failed to file a responsive 3 pleading. (ECF No. 50.) On October 18, 2017, Defendant Nguyen filed a response to the show 4 cause order. (ECF No. 52.) Defendant Nguyen states that Defendant Tur no longer works at 5 Department of State Hospitals-Coalinga or the State of California. In addition, defense counsel 6 attempted to contact Defendant Tur during August and September 2017, but was unable to reach 7 him by telephone or personal service. Defendant Nguyen further states that without a request for 8 representation from Defendant Tur, the State cannot represent him in these proceedings. (Id.) As 9 of this date, Defendant Tur has failed to file a response to the third amended complaint, or the 10 11 12 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 13 show cause (ECF No. 50), along with a copy of this order, on Defendant Tur at the 14 confidential address served by the U.S. Marshal Service on July 6, 2017; and 15 16 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. 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara October 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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