Johnson v. Beard

Filing 166

ORDER signed by District Judge Troy L. Nunley on 10/7/2021 ADOPTING 159 Findings and Recommendations in full; DENYING 144 Motion for Default Judgment with prejudice as to Defendant K. Collinsworth and without prejudice as to Defendant Binoye Naku; GRANTING 140 Motion to Set Aside Clerk's Default; DIRECTING the clerk to Set Aside 137 Clerk's Entry of Default; and DIRECTING Collinsworth to file a responsive pleading within 7 days. (Coll, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL DAVID JOHNSON,

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Plaintiff,

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v.

No. 2:15-cv-01313-TLN-KJN

ORDER

J.A. BEARD, et al.,
Defendants.

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Plaintiff Paul David Johnson (“Plaintiff”), a state prisoner proceeding pro se, filed this

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civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 9, 2021, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days. (ECF No. 159.)

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Neither party filed timely objections to the findings and recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed August 09, 2021 (ECF No. 159), are

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ADOPTED IN FULL;
2. Plaintiff’s Motion for Default Judgment (ECF No. 144) is DENIED with prejudice as

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to Defendant K. Collinsworth (“Collinsworth”) and without prejudice as to Defendant Binoye

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Naku;

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3. Collinsworth’s Motion to Set Aside Clerk’s Default (ECF No. 140) is GRANTED;

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4. The Clerk of the Court is directed to set aside the Clerk’s Entry of Default on April 27,

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2021 (ECF No. 137); and
5. Within seven days from the date of this Order, Collinsworth shall file a responsive
pleading.
IT IS SO ORDERED.
Date: October 7, 2021

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Troy L. Nunley
United States District Judge

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