MacGregor v. Martin et al

Filing 41

ORDER TO SHOW CAUSE. Show Cause Response due by 3/16/2015 for Defendant Martin. Signed by Judge Ronald M. Whyte on 2/12/15. (jgS, COURT STAFF) (Filed on 2/12/2015)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN A. MACGREGOR,
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Plaintiff,
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v.
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DR. MARTIN, et al.,
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Defendants.
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No. C 13-2309 RMW (PR)
ORDER TO SHOW CAUSE

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint against prison

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officials at San Quentin State Prison (“SQSP”), pursuant to 42 U.S.C. § 1983. The court ordered

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service of plaintiff’s civil rights complaint upon defendants. (Docket No. 7.) The court received

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a letter from SQSP Litigation Coordinator indicating that Dr. Timothy Martin was a former

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employee of SQSP. A confidential current address was provided. (Docket No. 26.) On

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September 24, 2014, the court ordered that a Notice of Lawsuit and Request for Waiver of

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Service of Summons, two copies of the Waiver of Service of Summons, a copy of plaintiff’s

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complaint and all attachments thereto, and a copy of the court’s order be mailed to Dr. Timothy

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Martin at the confidential address provided by the SQSP Litigation Coordinator. (Docket No.

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29.) The court’s order directed defendant Martin to file a motion for summary judgment by

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within sixty days. (Id. at 2.) On October 6, 2014, defendant Timothy B. Martin, D.O. returned a
Order to Show Cause
P:\PRO-SE\RMW\CR.13\MacGregor309osc-Martin.wpd

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signed waiver of service of summons. (Docket No. 32.) Rather than file a motion for summary

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judgment, answer, or motion for an extension of time, defendant Martin has not further

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communicated with the court.

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Accordingly, defendant Martin ORDERED TO SHOW CAUSE why an entry of default

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should not be made against him. Defendant Martin must file a written response to this Order to

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Show Cause within thirty (30) days of the filing date of this order. Failure to file a timely

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written response may be deemed an admission that no good cause exists for defendant’s failure

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to follow the court’s September 24, 2014 order, and an entry of default may issue without further

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proceedings.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order to Show Cause
P:\PRO-SE\RMW\CR.13\MacGregor309osc-Martin.wpd 2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KEVIN ANTHONY MACGREGOR,

Case Number: CV13-02309 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
DR. MARTIN, et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on February 12, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

Kevin A. MacGregor V-94008
Bldg #A-5,240
High Desert State Prison
PO Box 3030
Susanville, CA 96127
Dated: February 12, 2015
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk