Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:23-cv-0216 TLN CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, Respondent. 16 On May 8, 2023, petitioner filed a motion for entry of default judgment. That motion was denied on June 21, 2023. The court explained to petitioner that respondent was not in default because on March 1, 2023, the court ordered that respondent file a response to petitioner’s petition for a writ of habeas corpus within 60 days, and respondent filed an answer on April 28, 2023. The court found petitioner’s motion for entry of default judgment frivolous, and petitioner was warned that if he continued to file frivolous motions, sanctions - which might include dismissal of this action - would issue. Despite the court’s warning, petitioner filed a second motion for entry of default. Again, the motion is frivolous. The record reveals that respondent served a second copy of the answer on petitioner…