Hubard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY PENTON, No. 2:11-cv-0518 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. JOHNSON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action. Plaintiff’s motion for default judgment against “defendant Nunez-Ramirez” (“Nunez”) is pending. The remaining defendants (except defendant Johnson) filed an opposition to the motion for default judgment being entered at this stage of the proceedings. As set forth below, the undersigned recommends that plaintiff’s motion be denied without prejudice. I. Plaintiff’s Fourth Amended Complaint This action proceeds on plaintiff’s fourth amended complaint. (ECF No. 104.) Plaintiff’s claims against defendant Nunez, a mailroom staff member at CSP-SAC, who also conducted an informal level review of plaintiff’s second 602 appeal (ECF No. 104 at 14), are raised in plaintiff’s first and second causes of action. …