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