U.S. v. Adams, 13-20874. (2018)
Court: District Court, E.D. Michigan
Number: infdco20180920c15
Visitors: 18
Filed: Sep. 19, 2018
Latest Update: Sep. 19, 2018
Summary: ORDER DENYING PETITIONER'S MOTION FOR DEFAULT JUDGMENT SEAN F. COX , District Judge . Currently pending before this Court is a Motion to Vacate filed by Petitioner Erie Adams, pursuant to 28 U.S.C. 2255. On June 12, 2018, Petitioner filed a motion seeking entry of a default judgment in his favor. (D.E. No. 139). The Government has not filed any response to the motion. Nevertheless, a habeas corpus petitioner cannot obtain relief by virtue of the respondent's untimely response or failur
Summary: ORDER DENYING PETITIONER'S MOTION FOR DEFAULT JUDGMENT SEAN F. COX , District Judge . Currently pending before this Court is a Motion to Vacate filed by Petitioner Erie Adams, pursuant to 28 U.S.C. 2255. On June 12, 2018, Petitioner filed a motion seeking entry of a default judgment in his favor. (D.E. No. 139). The Government has not filed any response to the motion. Nevertheless, a habeas corpus petitioner cannot obtain relief by virtue of the respondent's untimely response or failure..
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ORDER DENYING PETITIONER'S MOTION FOR DEFAULT JUDGMENT
SEAN F. COX, District Judge.
Currently pending before this Court is a Motion to Vacate filed by Petitioner Erie Adams, pursuant to 28 U.S.C. § 2255.
On June 12, 2018, Petitioner filed a motion seeking entry of a default judgment in his favor. (D.E. No. 139). The Government has not filed any response to the motion.
Nevertheless, a habeas corpus petitioner cannot obtain relief by virtue of the respondent's untimely response or failure to answer. See, eg., Aziz v. Leferve, 830 F.2d 184, 187 (11th Cir. 1987) (A default judgment is not contemplated in habeas corpus cases).; Mahaday v. Cason, 222 F.Supp.2d 918, 921 (E.D. Mich. 2002) (A default judgment is unavailable in a habeas corpus proceeding); Allen v. Perini, 424 F.2d 134, 138 (6th Cir. 1970). Accordingly, the Court DENIES Petitioner's Motion.
IT IS SO ORDERED.
Source: Leagle
