McDiffett (ID 51141) v. Nance et al

Filing 67

ORDER TO SHOW CAUSE. Show Cause Response due by 8/9/2019. Signed by Chief District Judge Julie A. Robinson on 07/15/2019. Mailed to pro se party Shawn W. McDiffett by regular mail. (tvn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SHAWN W. MCDIFFETT,
Plaintiff,
v.

Case No. 17-3037-JAR-JPO

CHARLES NANCE, et al.,
Defendants.

ORDER TO SHOW CAUSE
Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff
previously notified the Court that he would be transferred to federal custody sometime after
March 1, 2019.1 On February 14, 2019, the Court entered an Order directing Plaintiff to notify
the Court through a proper notice of change of address as soon as he was transferred to a federal
facility.2 On February 27, 2019, Defendants filed a Motion to Dismiss, or in the Alternative, for
Summary Judgment.3
The website for the Bureau of Prisons (“BOP”) shows that Plaintiff is incarcerated at
Yazoo City Medium FCI in Yazoo City, Mississippi.4 Plaintiff has not provided the Court with a
notice of change of address, as directed by the Court in its February 14 Order. Plaintiff has also
failed to respond to Defendants’ pending Motion to Dismiss, or in the Alternative, for Summary
Judgment.

1

Doc. 54.

2

Doc. 55.

3

Doc. 58.

4

See https://www.bop.gov/inmateloc/ (last visited July 11, 2019). Yazzoo City Medium FCI is located at
2225 Haley Barbour Parkway, Yazoo City, MS 39194. See https://www.bop.gov/locations/institutions/yam/ (last
visited July 11, 2019).

Responses to dispositive motions “must be filed and served within 21 days.”5 Local Rule
7.4(b) provides that absent a showing of excusable neglect, 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. Plaintiff is therefore
directed to good show cause, in writing, on or before August 9, 2019, why Defendants’ motion
should not be granted as unopposed. Plaintiff shall also file any response to Defendants’ motions
by August 9, 2019. If Plaintiff fails to respond to this order, or to file a response as directed, the
Court will consider Defendants’ motion as unopposed as described in D. Kan. Rule 7.4(b).
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff show good cause, in
writing, on or before August 9, 2019, why Defendants’ Motion to Dismiss, or in the Alternative,
for Summary Judgment (Doc. 58) should not be granted as unopposed. Plaintiff shall file any
response to Defendants’ motion by August 9, 2019. If Plaintiff fails to respond to this order, or
to file responses as directed, the Court will consider Defendants’ motion as unopposed as
described in D. Kan. Rule 7.4(b).
The clerk is directed to mail this Order to Show Cause to Plaintiff’s current location
according to the BOP’s website.
IT IS SO ORDERED.
Dated: July 15, 2019
s/ Julie A. Robinson
JULIE A. ROBINSON
CHIEF UNITED STATES DISTRICT JUDGE

5

D. Kan. Rule 6.1(d)(2).

2