Chavez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIONEL TATE, SR., No. 2:22-cv-0211 DJC CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. CHAVEZ, et al., Defendants. 16 Plaintiff has filed a motion asking that default judgment be entered in this action against the only remaining defendant, defendant Mann. Plaintiff asserts that some of his legal materials have been destroyed by corrections employees other than defendant Mann. This is not a basis for entry of judgment as plaintiff has not demonstrated how destruction of his materials has prejudiced this case and/or how such acts can be attributed to defendant Mann. Plaintiff is warned that if he files frivolous motions he runs the risk of the court dismissing this action under Rule 41(b) of the Federal Rules of Civil Procedure. Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s October 16, 2023 “Motion for Default Judgment” (ECF No. 43) be denied. These findings and recommendations are submitted…