Hubard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY PENTON, No. 2:11-cv-0518 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. JOHNSON, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds through counsel with a civil rights action. Plaintiff’s motion for default judgment against defendant Jolene Nunez is pending. None of the appearing defendants filed an opposition or other response to the motion. As set forth below, plaintiff’s motion for default judgment should be denied without prejudice. I. Plaintiff’s Fourth Amended Complaint This action proceeds on plaintiff’s fourth amended complaint. (ECF No. 104.) Plaintiff’s claims against defendant Nunez, a mailroom staff member at CSP-SAC, who also conducted an informal level review of plaintiff’s second 602 appeal (ECF No. 104 at 14), are raised in plaintiff’s first and second causes of action. In his first cause of action, in relevant part, plaintiff alleges that defendants Johnson,…