Febus v. CCS Correct Care Solutions

Background

Fortunato K. Febus, proceeding without a lawyer and without prepaying court fees, brought this civil-rights action under Section 1983 on May 5, 2017. In an earlier opinion and order, the court dismissed Febus’s claims against CCS Correct Care Solutions, the County of Orange, and Sergeant Hernandez. The remaining claim was Febus’s Eighth Amendment claim alleging that Sorrell Feldman, M.D., was deliberately indifferent to his serious medical needs.

Dr. Feldman’s Motion

On January 17, 2020, Dr. Feldman moved for summary judgment. Summary judgment is a request to resolve a claim without a trial when the moving party argues that the evidence does not support the opposing party’s case. Febus’s opposition was initially due February 20, 2020. At Febus’s request, the court extended the deadline to April 20 and warned that failing to respond would cause the motion to be treated as fully submitted and unopposed.

Febus did not respond by April 20. The court then extended the deadline again, to May 26, 2020, and repeated the warning. Febus still did not file an opposition.

Ruling

Judge Vincent L. Briccetti ordered that Dr. Feldman’s summary-judgment motion be deemed fully submitted and unopposed. The order states that the court would consider the motion in due course; it did not grant or deny summary judgment and did not decide whether Febus’s remaining claim had merit.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied Febus permission to appeal without paying the required filing fees. The order directed the court clerk’s office to mail Febus a copy.