(PC) Baltierra v. Warden - North Kern State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES BALTIERRA, Case No. 1:21-cv-01723-ADA-HBK (PC) Plaintiff, ORDER DIRECTING CLERK TO REJECT

PLAINTIFF’S CONSTRUED REQUEST FOR

v. CLERK’S DEFAULT KELLY SANTORO, et al., (Doc. No. 23) Defendants. 16 On October 23, 2023, Plaintiff filed a construed motion titled for default. (Doc. No. 23). In his motion, Plaintiff requests that the Court grant his claims against the Defendants because they timely failed to respond to his first amended complaint which he filed on June 8, 2023. (Id.). Liberally construed Plaintiff requests that the Clerk enter a clerk’s default against Defendants pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. By way of background, Plaintiff, James Baltierra is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought under 42 U.S.C. § 1983. On June 8, 2023, Plaintiff filed a First Amended Complaint in response to the Court’s April 18,…