Samuels v. Copenhaver

Filing 12

ORDER DENYING Petitioner's Motion for Default Judgment; ORDER DIRECTING Respondent to Re-Serve Petitioner With a Copy of the Answer to the Petition for Writ of Habeas Corpus 11 , signed by Magistrate Judge Michael J. Seng on 12/22/14: 10-Day Deadline for Respondent to Re-Serve Answer; 30-Day Deadline for Petitioner to File Traverse. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-00372 LJO MJS (HC)
LEBRON SAMUELS,

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ORDER DENYING PETITIONER'S MOTION
Petitioner, FOR DEFAULT JUDGMENT
ORDER DIRECTING RESPONDENT TO
RE-SERVE PETITIONER WITH A COPY OF
THE ANSWER TO THE PETITION FOR
WRIT OF HABEAS CORPUS

v.

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PAUL COPENHAVER,

(Doc. 11)
Respondent.

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241.

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On December 15, 2014, Petitioner filed a motion requesting default judgment in

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light of Respondent's alleged failure to respond to the petition. (Mot., ECF No. 11.) The

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Court ordered Respondent to file a response to the petition on March 18, 2014. (ECF

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No. 4.) On May 19, 2014, Respondent filed a copy of the answer to the petition

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electronically with the Court including a proof of service stating that the answer and

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attached exhibits had been served on Petitioner. As Respondent appears to have

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properly filed and served the answer, Petitioner's motion for default is DENIED.

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Since Petitioner asserts that he did not receive a copy of the answer, the Court

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ORDERS Respondent to serve Petitioner with another copy of the answer and relevant
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exhibits within ten (10) days of the issuance of this order. Petitioner shall have thirty days

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from the date of service of the answer to file a traverse.

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IT IS SO ORDERED.
Dated:

December 22, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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