Spidel v. Salina Parole Office et al

Filing 45

ORDER TO SHOW CAUSE. Show Cause Response due by 7/5/2017. Signed by District Judge Carlos Murguia on 6/20/2017. Mailed to pro se party Timothy Spidel by regular mail. (hl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
TIMOTHY W. SPIDEL,
Plaintiff,
v.

Case No. 14-3160

KEVIN HAYS, et al.,
Defendants.

ORDER TO SHOW CAUSE
Currently pending are defendant Lacey Halton’s Motion to Dismiss (Doc. 31) and defendant
Dan Rhabe’s Motion for Summary Judgment (Doc. 36). Plaintiff has failed to timely respond to either
of these motions. Local Rule 7.4(b) provides that a party or attorney who does not timely file a
response brief waives the right to later file such a brief and that the court will decide such motions as
unopposed and usually grant them without further notice. D. Kan. Rule 7.4(b).
Plaintiff is therefore directed to show cause, in writing, on or before July 5, 2017, why the
above listed motions should not be granted as unopposed. Additionally, by July 5, 2017, plaintiff shall
file any responses to defendants’ motions that plaintiff wishes the court to consider. If plaintiff fails to
respond to this order, or to file responses as directed, the court will consider defendants’ motions (Doc.
31 and 36) as unopposed as described in D. Kan. Rule 7.4(b).
The Court also notes that Kevin Hayes has not been served. The court already ordered
production of his last known address (Doc. 23), but that resulting waiver of service of summons
returned unexecuted. The Court has done all it can in an effort to locate and serve defendant Hays on
plaintiff’s behalf. As plaintiff is no longer incarcerated, the court no longer has an obligation under 28
U.S.C. 1915(d) to locate defendant Hayes. Plaintiff shall therefore show good cause why defendant

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Hayes should not be dismissed for failure to serve him under Fed. R. Civ. P. 4(m), also by July 5,
2017.
Dated June 20, 2017, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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