Tollett

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BRANDON NICHOLAS MCLANE, No. 2:23-cv-2740 DAD CSK P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

13 JAKE TOLLETT, 14 Defendant. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 17 § 1983 in which he challenges events that took place before his criminal conviction. On February 18 2, 2024, prior findings and recommendations were held in abeyance pending plaintiff filing an 19 amended complaint. On February 20, 2024, plaintiff filed an amended complaint, and a motion 20 for appointment of counsel. Subsequently, plaintiff filed another motion for appointment of 21 counsel, and a motion for default judgment. Good cause appearing, the January 2, 2024 findings 22 and recommendations are vacated. As discussed in more detail below, plaintiff’s motions for 23 appointment of counsel are denied, and it is recommended that plaintiff’s motion for default 24 judgment be denied, and this action be dismissed for failure…