Necochea

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSE MIGUEL RIOS, Case No. 1:24-cv-0480 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. DEFENDANT’S MOTION TO SET ASIDE

ENTRY OF DEFAULT

NECOCHEA, (Docs. 25, 26) Defendant.

16 Jose Miguel Rios seeks to hold Correctional Officer Necochea liable for retaliation in violation of the First Amendment, which he claims occurred while he was housed at the Fresno County Jail. (Doc. 1; Doc. 14.) After Defendant failed to respond to the complaint, the Court granted Plaintiff’s request to enter default. (Docs. 22, 23, 24.) Defendant seeks to aside the default pursuant to Rule 55(c) of the Federal Rules of Civil Procedure. (Doc. 25.) Plaintiff did not oppose the motion. The magistrate judge found Defendant “credibility explains that he was unfamiliar with the legal process which mistakenly lead him to not take timely action in response service of process by the…