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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LUIS MANUEL GARCES, Case No. 1:21-cv-00392-JLT-EPG (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT PLAINTIFF’S

D. HERNANDEZ, et al., REQUEST FOR ENTRY OF DEFAULT BE

DENIED

Defendants. (ECF No. 52.)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS 18 Plaintiff Luis Manuel Garces (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this action pursuant to 42 U.S.C. § 1983. On July 19, 2022, Plaintiff filed a 20 request for entry of default against Defendants Allison, Hernandez, Hubbard, Cathey, Wolf, 21 Huerta, Ravijot, Ibarra, Camacho, Argon, Ramadan, and Boyd1 (“Defendants”). (ECF No. 52.) 22 For the following reasons, the Court recommends that Plaintiff’s request be denied.

I. LEGAL STANDARDS

24 Federal Rule of Civil Procedure 55 provides, “[w]hen a party against whom a judgment 25 for affirmative relief is sought has failed to plead or otherwise defend, and that…