Necochea
(PC) Rios v. Necochea
Opinion
trial_court Opinion
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JOSE MIGUEL RIOS, No. 1:24-cv-00480-JLT-SAB (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DEFENDANT’S
10 v. REQUEST TO SET ASIDE ENTRY OF
DEFAULT AND REQUEST FOR
11 MOYA, et al., EXTENSION OF TIME BE GRANTED
12 Defendants. (ECF No. 25) 13 14 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 15
U.S.C. § 1983.
16 Currently before the Court is Defendant’s request to set aside entry of default and 17 extension of time to respond to the operative complaint, filed December 23, 2024. (ECF No. 25.) 18 Plaintiff did not file an opposition and the time to do has now passed. Local Rule 230(l). 19 I. 20
LEGAL STANDARD
21 Under Federal Rule of Civil Procedure 55(c), “[t]he court may set aside an entry of default 22 for good cause....” “To determine ‘good cause’, a court must ‘consider[ ] three factors: (1) 23 whether [the party seeking to set aside the default] engaged in culpable conduct that…