Singleton v. Fortune et al

Filing 69

ORDER for Clerk to Send Plaintiff a Copy of Defendant Fortune's Motion for Summary Judgment Filed on January 23, 2018 signed by Magistrate Judge Gary S. Austin on 4/9/2018. Response to MSJ due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAMAR SINGLETON, SR., 12 13 14 15 16 17 1:17-cv-00124-DAD-GSA-PC Plaintiff, vs. DR. FORTUNE, et al., Defendants. ORDER FOR CLERK TO SEND PLAINTIFF A COPY OF DEFENDANT FORTUNE’S MOTION FOR SUMMARY JUDGMENT FILED ON JANUARY 23, 2018. (ECF No. 57.) THIRTY-DAY DEADLINE FOR PLAINTIFF TO FILE RESPONSE TO MOTION FOR SUMMARY JUDGMENT 18 19 20 Lamar Singleton, Sr., (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds 22 with the First Amended Complaint filed on February 19, 2016, against defendant Fortune 23 (“Defendant”) on Plaintiff’s medical claim pursuant to the Eighth Amendment. (ECF No. 25.) 24 On April 5, 2018, Plaintiff filed a notice informing the court that he did not receive a 25 copy of the motion for summary judgment filed by defendant Fortune on January 23, 2018. 26 (ECF No. 68.) The court’s record shows that defense counsel served Plaintiff a copy of the 27 motion for summary judgment on January 23, 2018, at Plaintiff’s address of record at 28 California State Prison-Los Angeles in Lancaster, California. (ECF No. 57-8.) 1 1 Something unforeseen may have interfered with service of the motion for summary 2 judgment upon Plaintiff. Therefore, the Clerk of Court shall be directed to send Plaintiff a copy 3 of the motion (ECF No. 57). Plaintiff shall be required to file a response to the motion for 4 summary judgment within thirty days. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 8 judgment filed by defendant Fortune on January 23, 2018 (ECF No. 57); 2. 9 10 The Clerk is directed to send Plaintiff a copy of the motion for summary Within thirty days from the date of service of this order, Plaintiff is required to file a response to the motion for summary judgment; 3. 11 Plaintiff’s failure to comply with this order shall result in a recommendation that this case be dismissed for failure to comply with a court order. 12 13 14 15 IT IS SO ORDERED. Dated: April 9, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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