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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR SINGLETON, SR.,

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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

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Lamar Singleton, Sr., (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds

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with the First Amended Complaint filed on February 19, 2016, against defendant Fortune

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(“Defendant”) on Plaintiff’s medical claim pursuant to the Eighth Amendment. (ECF No. 25.)

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On April 5, 2018, Plaintiff filed a notice informing the court that he did not receive a

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copy of the motion for summary judgment filed by defendant Fortune on January 23, 2018.

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(ECF No. 68.) The court’s record shows that defense counsel served Plaintiff a copy of the

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motion for summary judgment on January 23, 2018, at Plaintiff’s address of record at

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California State Prison-Los Angeles in Lancaster, California. (ECF No. 57-8.)
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Something unforeseen may have interfered with service of the motion for summary

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judgment upon Plaintiff. Therefore, the Clerk of Court shall be directed to send Plaintiff a copy

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of the motion (ECF No. 57). Plaintiff shall be required to file a response to the motion for

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summary judgment within thirty days.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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judgment filed by defendant Fortune on January 23, 2018 (ECF No. 57);
2.

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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;

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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.

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IT IS SO ORDERED.
Dated:

April 9, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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