(HC) Weisner v. Allison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANKIE WEISNER, No. 2:23-cv-0216 TLN CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, is proceeding with a petition for writ of 18 habeas corpus under 28 U.S.C. § 2254. Petitioner moves for default judgment. On March 1, 19 2023, the court ordered that respondent file a response to petitioner’s petition for a writ of habeas 20 corpus within 60 days. Respondent filed an answer on April 28, 2023 and is accordingly not in 21 default. Petitioner’s motion for entry of default judgment is frivolous. Petitioner is warned that if 22 he continues to file frivolous motions, sanctions will issue which might include dismissal of this 23 action. 24 Accordingly, IT IS HEREBY RECOMMENDED that petitioner’s motion for default 25 judgment (ECF No. 21) 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: May 11, 2023 / hice ANKE) flo CAROLYNK.DELANEY 4 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 |, weis0216.def 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28