(PC) Tate v. Chavez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LIONEL TATE, SR., No. 2:22-cv-0211 DJC CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 L. CHAVEZ, et al., 15 Defendants. 16 17 Plaintiff has filed a motion asking that default judgment be entered in this action against 18 the only remaining defendant, defendant Mann. Plaintiff asserts that some of his legal materials 19 have been destroyed by corrections employees other than defendant Mann. This is not a basis for 20 entry of judgment as plaintiff has not demonstrated how destruction of his materials has 21 prejudiced this case and/or how such acts can be attributed to defendant Mann. 22 Plaintiff is warned that if he files frivolous motions he runs the risk of the court dismissing 23 this action under Rule 41(b) of the Federal Rules of Civil Procedure. 24 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s October 16, 2023 25 “Motion for Default Judgment” (ECF No. 43) be denied. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 | objections with the court and serve a copy on all parties. Such a document should be captioned 2 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 || objections shall be served and filed within fourteen days after service of the objections. The 4 || parties are advised that failure to file objections within the specified time may waive the right to 5 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 6 | Dated: October 30, 2023 □□ I / dip Ze 7 CAROLYNK. DELANEY 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 |, tate021 1.def(2) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28