Opinion
23-cv-03117-TC-BGS
07-19-2024
JUSTIN T. O'QUINN, Plaintiff v. JOEL HRABE, MICHELLE SULLIVAN, MARK KEATING, Defendants
NOTICE AND ORDER TO SHOW CAUSE
TOBY CROUSE, UNITED STATES DISTRICT JUDGE
Invoking 42 U.S.C. § 1983, Plaintiff Justin O'Quinn, proceeding pro se, alleges that Defendants Hrabe and Keating deprived him of his Eighth and Fourteenth Amendment rights by misapplying “jail credit” to his sentence. Doc. 46 at 2. He separately raises a “wrongful incarceration” claim against Sullivan. Id. at 4. Hrabe, Keating, and Sulli-van-the only remaining defendants-filed a joint motion to dismiss. Doc. 48. Under D. Kan. R. 6.1(d)(2), Plaintiff's response was due “21 days after the motion was served,” on approximately June 18, 2024, see Doc. 48 at 16. More than 30 days have elapsed since filing, but Plaintiff has not responded.
IT IS THEREFORE ORDERED BY THE COURT THAT Plaintiff is directed to show cause by August 2, 2024 why the motion to dismiss should not be granted as unopposed.
IT IS SO ORDERED.