(PC) Pradia, Jr. v. Baccera ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARL LAPRA PRADIA, JR., Case No. 1:20-cv-01348-NONE-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTION FOR 13 v. DEFAULT JUDGMENT 14 A. BECERRA, et al., (Doc. 16) 15 Defendants. 14-DAY DEADLINE 16 17 Plaintiff has filed a motion for a default judgment. (Doc. 16.) Plaintiff’s motion is 18 premature. The Court directed service of process on Defendants on August 24, 2021, (Doc. 13); 19 however, Defendants have not yet been served. On November 1, 2021, CDCR filed a notice of 20 intent to waive service on Defendants’ behalf. (Doc. 18.) Pursuant to the Court’s order directing 21 service, Defendants have 60 days from November 1 to file an answer to the complaint. (See Doc. 22 13 at 2.) 23 Accordingly, the Court RECOMMENDS that Plaintiff’s motion for a default judgment be 24 DENIED as premature. These Findings and Recommendations will be submitted to the United 25 States District Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of 26 the date of service of these Findings and Recommendations, Plaintiff may file written objections 27 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections within the specified time may result in waiver 1 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 2 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 3 IT IS SO ORDERED. 4 5 Dated: November 1, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27