Urioste v. Corizon and Centurion Health Care Providers et al

Filing 89

ORDER TO SHOW CAUSE by Magistrate Judge Kevin R. Sweazea. Show Cause Response due by September 7, 2021. (atc)

Case 1:16-cv-00755-JCH-KRS Document 89 Filed 08/03/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSHUA URIOSTE,
Plaintiff,
vs.

No. 1:16-CV-00755-JCH-KRS

CORIZON AND CENTURION
HEALTH CARE PROVIDERS, et al.,
Defendants.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court upon the status report filed by defense counsel on
August 2, 2021. (Doc. 87). The docket in this action reflects multiple efforts by this Court and
other persons to see that service of process might be effected upon Defendants Jose Martinez,
M.D., and Ben Martinez, P.A. (collectively the “Medical Defendants”). (See, e.g., Doc. 32)
(order for service of process); (Docs. 47, 48, 59) (evidence of efforts by United States Marshals
Service to serve process upon Medical Defendants care of Corizon Health Inc.); (Doc. 53)
(notice from Corizon that the company is not authorized to accept service on behalf of Medical
Defendants); (Doc. 67) (order for service of process); (Docs. 71-72, 75-76) (evidence of efforts
by United States Marshals Service to serve process upon Medical Defendants care of Centurion
Correctional Healthcare); (Doc. 74) (notice from Centurion that the company is not authorized to
accept service on behalf of Medical Defendants). Following a status conference held on June 29,
2021 (see Doc. 85), the Court ordered defense counsel to file a status report providing any
information in Defendants’ possession that may assist with locating the Medical Defendants for
the purpose of effecting service (see Doc. 86). The Court advised at the status conference that
Plaintiff would likely be directed to show cause as to why the Medical Defendants should not be

Case 1:16-cv-00755-JCH-KRS Document 89 Filed 08/03/21 Page 2 of 2

dismissed for lack of service if those parties could still not be located following submission of
defense counsel’s status report. (See Doc. 85 at 2).
In the status report filed on August 2, 2021, defense counsel states that he and his clients
possess “no information regarding” either of the Medical Defendants. (See Doc. 87). In light of
defense counsel’s representations and the lengthy history of this Court’s unsuccessful attempts to
locate the Medical Defendants for service, the Court will direct Plaintiff to show cause as to why
the Medical Defendants should not now be dismissed for lack of service.
IT IS, THEREFORE, ORDERED that on or before September 7, 2021, Plaintiff shall
show cause in writing as to why Defendant Jose Martinez, M.D., and Defendant Ben Martinez,
P.A., should not be dismissed from this action.

_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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