Schubert

(PC) Howell v. Schubert

Good Law
United States District Court, Eastern District of CaliforniaJuly 8, 20202:19-cv-00266California1,686 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, No. 2: 19-cv-0266 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANN MARIE SCHUBERT, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On April 24, 2020, the Clerk of the Court entered default as to defendants Schubert and Tucker. (ECF No. 25.) Pending before the court is defendants’ June 1, 2020 motion to set aside the entry of default. (ECF No. 26.) On June 29, 2020, plaintiff filed an opposition to this motion. (ECF No. 28.) On July 2, 2020, defendants filed a reply to plaintiff’s opposition. (ECF No. 29.) For the reasons stated herein, the undersigned recommends that defendants’ motion to set aside the default be granted. Legal Standard Federal Rule of Civil Procedure 55(c) allows entry of default to be set aside “for good cause.” What constitutes “good cause” is within the…

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