Langes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVOOD KHADEMI, No. 2:19-cv-437-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. LANGES, Defendant. 16 Plaintiff was, at the time this section 1983 action was filed, an inmate housed in the Placer County Jail. ECF No. 1. He has filed a motion for default judgment (ECF No. 21) and defendant has filed a motion to dismiss (ECF No. 22). For the reasons stated hereafter, both motions should be denied. Motion for Default Judgment Plaintiff argues that default judgment should be entered against defendant Langes because he failed to “answer or otherwise defend” against his complaint. ECF No. 21 at 1. The motion must be denied. Federal Rule of Civil Procedure 55(a) provides that “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's…