SYLVIA H. RAMBO, District Judge.
On October 7, 2014, Lee E. Crawford, a federal pretrial detainee, confined at the Lackawanna County Prison,
On October 7, 2014, Crawford filed a motion for appointment of counsel (Doc. 5) which was denied by order (Doc. 19) of November 24, 2014.
After being directed to pay the filing fee or a motion to proceed
Counsel have entered appearances on behalf of all of the defendants. Docs. 28, 29 and 32. On March 2, 2015, Defendants McMillan and the Lackawanna County Prison filed an answer which also set forth several affirmative defenses, including that Crawford's complaint fails to state a claim upon which relief can be granted. Doc. 30. On March 20, 2015, the remaining defendants (hereinafter referred to as the "Medical Defendants") filed a document entitled "Notice of Intention to File Motion to Dismiss Plaintiff's Complaint for Failure to File a Certificate of Merit." Doc. 33. However, no such motion to dismiss has been filed and the Medical Defendants have not filed a formal answer with affirmative defenses.
On April 13, 2015, Crawford filed a second motion for appointment of counsel (Doc. 35) which was conditionally granted by order (Doc. 36) of August 19, 2015. The order requested that the Chair of the Federal Bar Association's Pro Bono Committee attempt to find counsel to represent Crawford and stayed all proceedings for 45 days. It further provided that a new discovery and dispositive motions deadline would be established when deemed appropriate by the court. The 45 days expired on October 8, 2015, and counsel has not entered an appearance on behalf of Crawford.
Because this court is responsible for the orderly and expeditious management of cases and because the court believes that the instant matter should be brought to fruition, the court will allow the parties ninety (90) days from the date of this order in which to conduct discovery and thirty (30) days thereafter to file any further dispositive motions.
A review of the docket reveals that the Medical Defendants have not filed an answer to the complaint. Consequently, we will direct them to do so, and if they fail to do so, we may enter a default judgment with respect to liability.
1. The Medical Defendants are directed to file a responsive pleading to the complaint within twenty (20) days of the date of this order.
2. If the Medical Defendants fail to file a responsive pleading within twenty (20) days of the date of this order, the court will direct the Clerk of Court to enter a default against them.
3. The claims against the Lackawanna County Prison are dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
4. Crawford's request for declaratory and injunctive relief is dismissed as moot.
5. All discovery shall be completed within ninety (90) days of the date of this order.
6. Dispositive motions, if any, shall be filed within thirty (30) days of the close of discovery.