Dillingham v. Emerson

Filing 67

ORDER Requiring Defendants Velasco, Martinez, Loftin, Emerson, Marsh, Wescoat, and Wilson to File a Responsive Pleading to Plaintiff's Second Amended Complaint signed by Magistrate Judge Stanley A. Boone on 3/10/2020. Responsive Pleading due within 14 days. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JERRY DILLINGHAM,

12
13
14

Case No. 1:18-cv-00507-AWI-SAB (PC)

Plaintiff,

ORDER REQUIRING DEFENDANTS
VELASCO, MARTINEZ, LOFTIN,
EMERSON, MARSH, WESCOAT, AND
WILSON TO FILE A RESPONSIVE
PLEADING TO PLAINTIFF’S SECOND
AMENDED COMPLAINT

v.
N. EMERSON, et al.,

15

Defendants.
(ECF No. 66)

16

FOURTEEN (14) DAY DEADLINE

17
18
19
20

Plaintiff Jerry Dillingham is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On August 19, 2019, Defendants Velasco, Martinez, Loftin, Emerson, Marsh, Wescoat,

21

and Wilson filed a motion to dismiss Plaintiff’s Eighth Amendment claim on the ground that they

22

are entitled to qualified immunity. (ECF No. 54.)

23
24
25

On February 20, 2020, the assigned District Judge denied Defendants’ motion to dismiss.
(ECF No. 66.)
Defendants’ responsive pleading to Plaintiff’s second amended complaint was due on or

26

before March 5, 2020. Fed. R. Civ. P. 12(a)(4)(A) (stating that the “responsive pleading must be

27

served within 14 days after notice of the court’s” denial of a Rule 12(b) motion). However,

28

Defendants have not filed a responsive pleading to Plaintiff’s second amended complaint, filed a
1

1

request for an extension of time to do so, or otherwise communicated with the Court.

2

Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of

3

service of this order, Defendants shall file a responsive pleading to Plaintiff’s second amended

4

complaint, (ECF No. 43).

5
6
7

IT IS SO ORDERED.
Dated:

March 10, 2020
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2