Opinion
C22-801-JHC-MLP
06-26-2023
CHRISTOPHER FRICK, Plaintiff, v. DR. DY, et al., Defendants.
ORDER TO SHOW CAUSE
MICHELLE L. PETERSON, United States Magistrate Judge
This is a prisoner civil rights action proceeding under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). On June 2, 2023, the Honorable John H. Chun adopted this Court's Report and Recommendation denying Defendants' motion to dismiss Plaintiff Christopher Frick's third amended complaint for failure to exhaust administrative remedies. (Dkt. # 77.) Defendants' answer to Plaintiff's third amended complaint was therefore due within 14 days after the Court's notice to the parties of the denial of Defendants' motion to dismiss. See Fed. R. Civ. P. 12(a)(4)(A) (“[I]f the court denies [a motion under this rule] . . . the responsive pleading must be served within 14 days after notice of the court's action[.]”). To date, Defendants have not filed an answer to Plaintiff's third amended complaint.
Accordingly, this Court hereby ORDERS as follows:
(1) Defendants shall SHOW CAUSE by June 30, 2023, why sanctions and/or default should not be entered in this action for failure to answer Plaintiff's third amended complaint; and
(2) The Clerk is directed to send copies of this Order to the parties and to Judge Chun.