Fielder

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KORDY RICE, No. 2:18-CV-2743-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS FIELDER, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 51, for a default judgment. On March 3, 2021, Plaintiff filed both a request for entry of default as to Defendant Fielder, see ECF No. 50, and the instant motion for a default judgment based on failure to respond in the action, see ECF No. 51. On March 5, 2021, the Clerk of the Court declined to enter Defendant Fielder’s default because the docket reflects that Defendant Fielder filed an answer on January 16, 2020. See ECF No. 52. Because Defendant Fielder is not in default for failure to respond, Plaintiff’s motion for a default judgment on that basis should be denied. / / / / / / / / / Based on the…