Merriman v. Telander et al

Filing 38

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIQUE MERRIMAN, 12 13 14 No. 2:16-cv-2030-JAM-EFB P Plaintiff, v. ORDER TO SHOW CAUSE JAMES TELANDER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On February 21, 2017, the court determined that plaintiff’s Eighth Amendment 19 claims of deliberate indifference to mental health needs against defendants Kentner, Romano, 20 Blain, Jerusik, Wallis, Telander, Farris, and Coffin were cognizable. ECF No. 10 at 2-3. On June 21 6, 2017, defendants filed a motion to dismiss plaintiff’s complaint. ECF No. 18. That motion 22 was denied on December 20, 2017 when the district judge adopted this court’s findings and 23 recommendations. ECF Nos. 21, 25. Defendants had fourteen days from that date to file their 24 answer. See Fed. R. Civ. P. 12(a)(4)(A). They failed to do so and, in the interim, plaintiff has 25 filed three motions seeking a court order compelling defendants to file their answer. ECF Nos. 26 27, 30, & 33. 27 28 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 1 1 allotted time. Defendants’ failure to comply with this order will result in a recommendation to 2 that effect. 3 DATED: February 22, 2018. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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