Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANK ORLANDO WELLS, No. 2:25-cv-0521 CSK P 12 Plaintiff, 13 v. ORDER 14 JEFFERY MACOMBER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights complaint under 42 U.S.C. 18 § 1983. Plaintiff’s motion to reinstate default judgment and strike defendants’ waiver, and 19 defendants’ motion to opt out of the Post Screening ADR Project are before the Court. 20 As discussed below, plaintiff’s motion is denied, and defendants’ motion to opt out is 21 granted. In addition, plaintiff’s complaint is dismissed with leave to amend. 22 I. BACKGROUND 23 On September 11, 2025, the Court screened plaintiff’s complaint and ordered service on 24 defendants. (ECF No. 8.) On October 6, 2025, defendants filed a notice of intent to waive 25 service. (ECF No. 13.) On October 8, 2025, plaintiff filed a motion for default judgment. (ECF 26 No. 14.) On October 15, 2025, the Court denied, without prejudice, plaintiff’s motion…