Wright v. Hobbs

Filing 24

ORDER denying Petitioner's 18 19 21 22 Motions for Default Judgment. Signed by Magistrate Judge Jerome T. Kearney on 9/16/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDWARD CHARLES WRIGHT ADC #083302 vs. PETITIONER Civil Case No. 5:10CV00159-JMM-JTK RAY HOBBS Director, Arkansas Dept of Correction RESPONDENT ORDER Pending are Petitioner's Motions for Default Judgment. (Doc. Nos. 18, 19, 21, 22) He asserts that he is entitled to relief because Respondent failed to “defend [within] thirty days.”1 (Doc. No. 18, 19, 21) The record reflects that Respondent promptly filed his response within twenty days of service, see Doc. No. 6. Furthermore, default judgment is disfavored in habeas cases and may not be available at all. See White v. Hobbs, 2011 WL 2110424 at *1 (E.D. Ark. May 19, 2011) (“Default judgment is an extreme sanction that is disfavored in habeas cases, and some courts have even held that it is unavailable.”) (citing Lemons v. O’Sullivan, 54 F.3d 357, 364-65 (7th Cir. 1995); Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990); Allen v. Perini, 424 F.2d 134, 138 (6th Cir. 1970)). Accordingly, Petitioner’s Motions for Default Judgment, Doc. Nos. 18, 19, 21, 22, are DENIED. SO ORDERED this 16th day of September, 2011. __________________________________ UNITED STATES MAGISTRATE JUDGE 1 The Court informed Petitioner on March 15, 2011, of his right to reply, within thirty (30) days, to any argument in Respondent’s response. (Doc. No. 11) He chose not to file a reply.

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