Schuyler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONOVAN CHAD BREVIK, No. 2:23-cv-01639-KJM-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CHARLES SCHUYLER, Respondent. 16 Petitioner is a state prisoner proceeding pro se in this writ of habeas corpus. 28 U.S.C. § 2254. Petitioner has filed motions for default judgment (ECF No. 27), for appointment of counsel (ECF No. 31), and to amend the petition (ECF No. 33). Also pending is a motion to dismiss filed by respondent. ECF No. 29. For the reasons that follow, the court will deny the motions for default judgment and counsel, grant the motion to amend, and direct petitioner to file a response to the motion to dismiss.1 I. Motion for Default Judgment On August 31, 2023, the court ordered respondent to respond to the petition within 60 days and to inform the court whether he consented to have the case heard before the assigned magistrate judge by November 2, 2023. ECF No. 18. Respondent…