(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 DAD CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 L. CHAVEZ, et al., 15 Defendants. 16 17 On January 20, 2022, plaintiff filed a motion for entry of default judgment against 18 defendant Mann. As plaintiff was informed by the Clerk of the Court in response to plaintiff’s 19 request for entry of default, defendant Mann’s responsive pleading is not due until March 23, 20 2023 and defendant Mann has not previously been in default. From plaintiff’s motion, it appears 21 plaintiff believes he is entitled to default judgment because counsel for defendant Mann did not 22 adequately consult with plaintiff before seeking an extension of time to file a responsive pleading. 23 Even assuming for the sake of argument that counsel for defendant Mann ran afoul of the Federal 24 Rules of Civil Procedure or the local rules of this court in not consulting with plaintiff before 25 seeking an extension of time, that is not a basis for entry of default. See Fed. R. Civ. P. 55. 26 ///// 27 ///// 28 ///// ] Accordingly, IT IS HEREBY RECOMMENDED that plaintiffs request that the court 2 || enter default judgment against defendant Mann (ECF No. 20) is denied. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, plaintiff may file written objections 6 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 9 || Cir. 1991). 10 | Dated: January 25, 2023 / ae □□ / a Ly a i CAROLYN K DELANEY 12 UNITED STATES MAGISTRATE JUDGE 13 14 IS |} tateo2tt.der 16 17 18 19 20 21 22 23 24 25 26 27 28