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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RONDEL DELBERT GARDNER, ) Case No.: 1:20-cv-00240-NONE-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION

FOR DECLARATORY JUDGMENT BE DENIED

GAVIN NEWSOM, et.al., ) ) [ECF No. 45] Defendants. ) ) )

Plaintiff Rondel Delbert Gardner is proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for declaratory judgment under Federal Rule of Civil Procedure 57, filed July 8, 2020. I. DISCUSSION Under Federal Rule of Civil Procedure 57, “[t]he court may order a speedy hearing of a declaratory judgment action.” A declaratory judgment allows a party to seek a ruling on his prospective rights before an “actual controversy ... has ... reached a stage at which either party may seek a coercive remedy…