(HC)Wade
(HC)Wade v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANCELLOR WADE, No. 2:22-cv-0431 TLN CKD P Petitioner, v. ORDER AND RICK HILL, FINDINGS AND RECOMMENDATIONS Respondent. 16 On June 17, 2022, respondent timely-filed a motion to dismiss petitioner’s petition for a writ of habeas corpus. Apparently petitioner never received the motion which resulted in petitioner filing a request for entry of default judgement on June 30, 2022. The Clerk denied entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure on July 6, 2022. Petitioner objects to the district court judge assigned to this case as to the Clerk’s denial of the entry of default. Since there is no basis to hold respondent in default, the court will recommend that the district court judge assigned to this case deny petitioner’s request for entry of default. It appears petitioner still has not received respondent’s motion to dismiss. Good cause appearing, the…