Merriman v. Telander et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/22/2018 ORDERING Defendants to show cause, in writing and within 7 days, why default should not be entered against them for failure to answer plaintiff's complaint within the allotted time. (Fabillaran, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOMINIQUE MERRIMAN,
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No. 2:16-cv-2030-JAM-EFB P
Plaintiff,
v.
ORDER TO SHOW CAUSE
JAMES TELANDER, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. On February 21, 2017, the court determined that plaintiff’s Eighth Amendment
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claims of deliberate indifference to mental health needs against defendants Kentner, Romano,
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Blain, Jerusik, Wallis, Telander, Farris, and Coffin were cognizable. ECF No. 10 at 2-3. On June
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6, 2017, defendants filed a motion to dismiss plaintiff’s complaint. ECF No. 18. That motion
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was denied on December 20, 2017 when the district judge adopted this court’s findings and
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recommendations. ECF Nos. 21, 25. Defendants had fourteen days from that date to file their
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answer. See Fed. R. Civ. P. 12(a)(4)(A). They failed to do so and, in the interim, plaintiff has
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filed three motions seeking a court order compelling defendants to file their answer. ECF Nos.
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27, 30, & 33.
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Defendants are ordered to show cause, in writing and within seven days, why default
should not be entered against them for failure to answer plaintiff’s complaint within the
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allotted time. Defendants’ failure to comply with this order will result in a recommendation to
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that effect.
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DATED: February 22, 2018.
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