Queen v. Graber

Filing 20

ORDER denying 17 Motion for Default Judgment. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 1/15/15. (LAD)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Samuel Robert Queen,
Petitioner,

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ORDER

v.

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No. CV-14-01135-PHX-PGR (ESW)

Conrad Graber,

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Respondent.

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Petitioner is incarcerated in the Federal Correctional Institution in Sheridan,

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Oregon. On May 27, 2014, Petitioner filed a Petition under 28 U.S.C. § 2241 for a Writ

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of Habeas Corpus by a Person in Federal Custody (Doc. 1). At the time he filed his

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Petition, Petitioner filed a “Motion for Default Judgment against Respondent F.R.C.P.

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12(A)” (Doc. 17). Respondent filed his Opposition to Motion for Default Judgment on

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December 31, 2014 (Doc. 19). Respondent’s Answer was filed on December 9, 2014

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(Doc. 14). Respondent was served on November 19, 2014 (Doc. 10, 12).

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Pursuant to the Court’s Order of November 17, 2014 (Doc. 9), Respondent had 20

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days from the date of service to file an Answer to the Petition. The Court finds that

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Respondent timely filed his Answer. Therefore, the “Motion for Default Judgment

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against Respondent F.R.C.P. 12(A)” (Doc. 17) is denied.

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Dated this 15th day of January, 2015.

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Honorable Eileen S. Willett
United States Magistrate Judge

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