Warner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

WADE WARNER,

Case No. 21-cv-05666-HSG Plaintiff, ORDER ADOPTING MAGISTRATE v. JUDGE’S REPORT AND RECOMMENDATION REGARDING

DENNIS DELANO, MOTION FOR DEFAULT JUDGMENT

10 Defendant. Re: Dkt. Nos. 33, 36

12 Pending before the Court is Plaintiff Wade Warner’s motion for default judgment. Dkt. No. 33. The Court referred the matter to a magistrate judge to prepare a report and recommendation on the motion. Dkt. No. 35. The Court has reviewed Magistrate Judge Kim’s report and recommendation, Dkt. No. 36, as well as Plaintiff’s objection to the report, Dkt. No. 37. For the reasons stated below, the Court adopts the report’s recommended disposition, albeit on different grounds, and DENIES the motion for default judgment. I. BACKGROUND A. Plaintiff’s Allegations Plaintiff alleges that in April 2021—in the midst of the COVID-19 pandemic—he…