(PC)Hernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CESAR N. HERNANDEZ, No. 2:19-cv-02195 MCE DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS A. CONSTABLE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983. Before the court is plaintiff’s motion for reconsideration of the denial of a default judgment. In a document filed March 5, 2021, plaintiff sought a default judgment based on defendants’ belated request for an extension of time to respond to discovery. (ECF No. 51.) On March 9, the Clerk of the Court declined to enter a default. (ECF No. 52.) In his current motion, plaintiff reiterates the argument made in his March 5 request. He further contends the Clerk of the Court does not have the authority to decline to enter a default judgment. Plaintiff cites Federal Rule of Civil Procedure 55 and 42 U.S.C . §1985(2) in support of his arguments. (ECF No. 61.) Pursuant to Rule 55, the Clerk of the Court…