Blount v. Soto, 2:15-cv-1809 KJM AC P. (2019)
Court: District Court, E.D. California
Number: infdco20190926731
Visitors: 6
Filed: Sep. 24, 2019
Latest Update: Sep. 24, 2019
Summary: ORDER ALLISON CLAIRE , District Judge . Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has moved for entry of default and summary judgment (ECF No. 64) and for injunctive relief in the form of release from prison (ECF No. 68). The motions are, in essence, requests for an order granting the petition for writ of habeas corpus. In his request for default, petitioner argues that his
Summary: ORDER ALLISON CLAIRE , District Judge . Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has moved for entry of default and summary judgment (ECF No. 64) and for injunctive relief in the form of release from prison (ECF No. 68). The motions are, in essence, requests for an order granting the petition for writ of habeas corpus. In his request for default, petitioner argues that his ..
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ORDER
ALLISON CLAIRE, District Judge.
Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has moved for entry of default and summary judgment (ECF No. 64) and for injunctive relief in the form of release from prison (ECF No. 68). The motions are, in essence, requests for an order granting the petition for writ of habeas corpus.
In his request for default, petitioner argues that his petition should be granted because respondent has not answered the petition. ECF No. 64. However, respondent did in fact file an answer (ECF No. 46), to which petitioner responded (ECF No. 50). The request for injunctive relief asks the court to grant the petition and order petitioner's release based on Ground Four, in which he argues that new evidence exists of his actual innocence. ECF No. 68. The court will rule on the petition in due course and order any relief appropriate at that time.
Accordingly, IT IS HEREBY ORDERED that petitioner's motions for an order granting his petition and ordering his release from custody (ECF Nos. 64, 68) are DENIED.
Source: Leagle
