Gamboa

(PC) Garces v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaFebruary 21, 20231:21-cv-00392California1,557 words

Opinion

Trial Court Opinion

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

RECOMMENDING THAT PLAINTIFF’S

13 v. REQUEST FOR ENTRY OF DEFAULT BE

DENIED

M. GAMBOA, et al.,

(ECF No. 94). Defendants.

17 Plaintiff Luis Manuel Garces (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this action pursuant to 42 U.S.C. § 1983. On December 27, 2022, Plaintiff filed 19 a request for entry of default against Defendants Gamboa, Babb, and Sanders. (ECF No. 94). For 20 the following reasons, the Court recommends that Plaintiff’s request be denied.1

I. LEGAL STANDARDS

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

1 Plaintiff has requested entry of default and default judgment several times in this case. (See ECF Nos. 52, 59, 66). Because…

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