Anderson #062997 v. Ryan et al
Filing
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ORDER denying 14 Petitioner's Motion for Default Judgment. Signed by Magistrate Judge Eileen S Willett on 11/18/16.(LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Ira Joe Anderson,
Petitioner,
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ORDER
v.
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No. CV-16-01577-PHX-ROS (ESW)
Charles L Ryan, et al.,
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Respondents.
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On May 23, 2016, Petitioner Ira Joe Anderson, who is confined in the Arizona
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State Prison Complex-Eyman in Florence, Arizona, filed a pro se Petition for Writ of
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Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) and an Application to Proceed In
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Forma Pauperis (Doc. 2). The Court granted Petitioner’s Application to Proceed in
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Forma Pauperis and ordered Respondents to answer the Petition, specifically providing
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that Respondents “may file an answer limited to relevant affirmative defenses, including
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but not limited to, statute of limitations, procedural bar, or non-retroactivity.” (Doc. 5 at
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3). Respondents timely filed their Limited Answer to Petition for Writ of Habeas Corpus.
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(Doc. 13). Petitioner did not file a reply, and the time to do so has passed. The Petition
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is deemed submitted for decision.
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Pending before the Court is “Petitioner Motions the Court or the Justice or a Judge
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to Issue a Default Judgment Order Awarding the Writ and Granting the Relief Sought to
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Defendant.” (Doc. 14). Petitioner requests entry of a default judgment because “[t]he
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respondents has [sic] neither responded, rebutted, contended nor refutted or shown cause
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why the writ should not be granted, and the respondents are now in default of the court’s
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order.”
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responsive pleading” to the three grounds set forth in the Petition for Writ of Habeas
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Corpus. (Id.).
(Id. at 1).
Petitioner argues that the Response (Doc. 13) is a “none [sic]
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The Court finds that the Respondents have, in fact, timely responded to the
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Petition pursuant to Rule 5, Rules Governing Section 2254 Cases in the U.S. District
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Court. By Order of the Court (Doc. 5), Respondents were permitted to limit their answer
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to affirmative defenses, and they have done so. Should the Court reject the affirmative
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defenses set forth in the Limited Answer, it will order the Respondents to file additional
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briefing to address the merits of the claims raised by Petitioner. Entry of a default
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judgment is not warranted under the circumstances of this case. See Rule 55, Fed. R.
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Civ. P.
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For the reasons set forth herein,
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IT IS ORDERED denying Petitioner’s motion (Doc. 14).
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Dated this 18th day of November, 2016.
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