(PC) Lewis v. Sherman ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARONTA TYRONE LEWIS, Case No. 1:20-cv-01485-SKO (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTION FOR 13 v. DEFAULT JUDGMENT 14 S. SHERMAN, et al., (Doc. 13) 15 Defendants. 14-DAY DEADLINE 16 Clerk of the Court to Assign a District Judge 17 Before the Court is Plaintiff’s motion for default judgment. (Doc. 13.) Plaintiff is 18 appearing pro se and in forma pauperis and his complaint is subject to screening. The Court has 19 not yet screened the complaint and no defendants have appeared in this action. 20 As explained in the Court’s First Informational Order, per 28 U.S.C. § 1915A, the Court is 21 required to screen complaints brought by prisoners seeking relief against a governmental entity or 22 an officer or employee of a governmental entity. (Doc. 3 at 3.) A pro se plaintiff may not proceed 23 with such a legal action until the Court screens the plaintiff’s complaint and finds that it states a 24 cognizable claim for relief. (Id.) Because Plaintiff is a prisoner appearing pro se and sues 25 governmental employees, his complaint is subject to screening and he may not proceed in this 26 case until the screening is complete. If the Court finds that the complaint states a cognizable claim 27 for relief, it will direct service on the appropriate defendants at that time. (See id.) 1 Based on the foregoing, the Court RECOMMENDS that Plaintiff’s motion for default 2 judgment be DENIED as premature. The Court DIRECTS the Clerk of the Court to assign a 3 district judge to this action. 4 These Findings and Recommendations will be submitted to the United States District 5 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 6 service of these Findings and Recommendations, Plaintiff may file written objections with the 7 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 8 Recommendations.” Failure to file objections within the specified time may result in waiver of 9 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 10 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 11 IT IS SO ORDERED. 12 Sheila K. Oberto 13 Dated: March 12, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27