Trate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE MICKLING, No. 1:22-cv-00010 JLT SKO (HC) Petitioner, ORDER ADOPTING IN FULL THE

FINDINGS AND RECOMMENDATIONS

v. AND DENYING PETITIONER’S MOTION

FOR DEFAULT JUDGMENT

WARDEN TRATE, (Docs. 9, 11) Respondent. 16 Petitioner has moved the Court to enter default judgment. (Doc. 9.) The assigned magistrate judge issued Findings and Recommendations to deny Petitioner’s motion. (Doc. 11.) The magistrate judge observed that the respondent was granted an extension of time to file an answer, and the deadline to do so has not expired. (Id. at 1.) In addition, the magistrate judge noted that “even if Respondent had failed to timely file an answer, Petitioner would not be entitled to default.” (Id., citing Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990); Bleitner v. Welborn, 15 F.3d 652, 653 (7th Cir. 1994).) The Court served the findings and recommendations on all parties, which contained notice that…