(PC) Rice v. Fielder ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KORDY RICE, No. 2:18-CV-2743-TLN-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 FIELDER, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 51, for a default 19 judgment. 20 On March 3, 2021, Plaintiff filed both a request for entry of default as to 21 Defendant Fielder, see ECF No. 50, and the instant motion for a default judgment based on failure 22 to respond in the action, see ECF No. 51. On March 5, 2021, the Clerk of the Court declined to 23 enter Defendant Fielder’s default because the docket reflects that Defendant Fielder filed an 24 answer on January 16, 2020. See ECF No. 52. Because Defendant Fielder is not in default for 25 failure to respond, Plaintiff’s motion for a default judgment on that basis should be denied. 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that Plaintiff's motion, ECF 2 | No. 51, for a default judgment on the basis of failure to respond be denied. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: October 19, 2021 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28