Negrete

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKIVA A. ISRAEL, No. 2:22-cv-1391 TLN CSK P Plaintiff, v. FINDINGS & RECOMMENDATION ROBERT NEGRETE, Defendant. 16 Plaintiff is a state prisoner proceeding pro se. Defendant’s motion to set aside the Clerk’s entry of judgment is before the Court. (ECF No. 23.) As discussed below, the Court recommends that defendant’s motion to set aside the clerk’s entry of default be granted. I. PLAINTIFF’S ALLEGATIONS Plaintiff identifies as transgender. In the original complaint, plaintiff alleges that defendant Dr. Robert Negrete, a physical therapist at Mule Creek State Prison, retaliated against plaintiff for filing grievances against Dr. Negrete in violation of the First Amendment, discriminated against plaintiff based on plaintiff’s sexual orientation in violation of the Fourteenth Amendment, and was deliberately indifferent to plaintiff’s serious medical needs in violation of the Eighth Amendment. (ECF No.…