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Merriman v. Telander, 2:16-cv-2030-JAM-EFB P. (2018)

Court: District Court, E.D. California Number: infdco20180226755 Visitors: 18
Filed: Feb. 23, 2018
Latest Update: Feb. 23, 2018
Summary: ORDER TO SHOW CAUSE EDMUND F. BRENNAN , Magistrate Judge . Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. On February 21, 2017, the court determined that plaintiff's Eighth Amendment claims of deliberate indifference to mental health needs against defendants Kentner, Romano, Blain, Jerusik, Wallis, Telander, Farris, and Coffin were cognizable. ECF No. 10 at 2-3. On June 6, 2017, defendants filed a motion to dismiss plaintiff's complaint
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ORDER TO SHOW CAUSE

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On February 21, 2017, the court determined that plaintiff's Eighth Amendment claims of deliberate indifference to mental health needs against defendants Kentner, Romano, Blain, Jerusik, Wallis, Telander, Farris, and Coffin were cognizable. ECF No. 10 at 2-3. On June 6, 2017, defendants filed a motion to dismiss plaintiff's complaint. ECF No. 18. That motion was denied on December 20, 2017 when the district judge adopted this court's findings and recommendations. ECF Nos. 21, 25. Defendants had fourteen days from that date to file their answer. See Fed. R. Civ. P. 12(a)(4)(A). They failed to do so and, in the interim, plaintiff has filed three motions seeking a court order compelling defendants to file their answer. ECF Nos. 27, 30, & 33.

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 allotted time. Defendants' failure to comply with this order will result in a recommendation to that effect.

Source:  Leagle

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