Mayes

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERROL LOVELL UNDERWOOD, No. 2:22-cv-0694 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 ROBERT MAYES, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 18 §1983. Plaintiff alleges defendant gave him a COVID vaccine without his consent or knowledge. 19 Before the court are plaintiff’s motion for default judgment and plaintiff’s motion for a 20 scheduling order. For the reasons set forth below, this grants plaintiff’s motion for a scheduling 21 order, in part, and recommends plaintiff’s motion for default judgment be denied. 22 MOTION FOR DEFAULT JUDGMENT 23 Plaintiff raises the issue of default in both motions before the court. (ECF Nos. 42, 46.) 24 Federal Rule of Civil Procedure 55(a) provides: “When a party against whom a judgment for 25 affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by 26 affidavit or…