Filed: May 13, 2015
Latest Update: May 13, 2015
Summary: ORDER ESTHER SALAS , District Judge . This matter has come before the Court on a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (D.E. No. 1). It appearing that: 1. On March 3, 2015, this Court entered an Order directing Respondent to file an Answer to the Petition within 45 days. (D.E. No. 2). 2. On March 30, 2015, pursuant to a request from Respondent, the Court entered an Order extending the time to file an Answer until May 15, 2015. (D.E. No. 5). 3. On May 1, 2015, P
Summary: ORDER ESTHER SALAS , District Judge . This matter has come before the Court on a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (D.E. No. 1). It appearing that: 1. On March 3, 2015, this Court entered an Order directing Respondent to file an Answer to the Petition within 45 days. (D.E. No. 2). 2. On March 30, 2015, pursuant to a request from Respondent, the Court entered an Order extending the time to file an Answer until May 15, 2015. (D.E. No. 5). 3. On May 1, 2015, Pe..
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ORDER
ESTHER SALAS, District Judge.
This matter has come before the Court on a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (D.E. No. 1). It appearing that:
1. On March 3, 2015, this Court entered an Order directing Respondent to file an Answer to the Petition within 45 days. (D.E. No. 2).
2. On March 30, 2015, pursuant to a request from Respondent, the Court entered an Order extending the time to file an Answer until May 15, 2015. (D.E. No. 5).
3. On May 1, 2015, Petitioner filed a Motion for Default Judgment based on his mistaken belief that the deadline for filing an Answer had expired. (D.E. No. 10).
4. Since the deadline for filing an Answer had not yet expired at the time Petitioner filed his Motion, the Motion will be denied.1
IT IS THEREFORE, on this 13th day of May 2015,
ORDERED that Petitioner's Motion for Default Judgment, (D.E. No. 10), is DENIED.
