Johnson v. Matevousian

Filing 22

ORDER DENYING MOTION FOR JUDGMENT 13 AND MOTION TO COMPEL 17 signed by Magistrate Judge Michael J. Seng on 7/2/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ROY JOHNSON,

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Petitioner,
v.
ANDRE MATEVOUSIAN, Warden
Respondent.

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Case No. 1:16-cv-01304-MJS (HC)
ORDER DENYING MOTION FOR
JUDGMENT
(ECF NO. 13)
ORDER DENYING MOTION TO COMPEL
(ECF NO. 17)

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

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Petitioner filed his petition on September 6, 2016. (ECF No. 1.) On September 7,

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2017, Respondent was ordered to file an answer. (ECF No. 4.) Respondent sought an

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extension of time. (ECF No. 9.) Although Petitioner opposed the request (ECF No. 12), it

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was granted (ECF No. 10). Respondent’s time to file an answer was extended to

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January 6, 2017.

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On December 27, 2016, Petitioner filed a “Motion for Judgment” (ECF No. 13), in

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which he argued that he is entitled to judgment because he had opposed Respondent’s

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motion for extension of time and Respondent had not yet answered.

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On January 6, 2017, Respondent filed an answer. (ECF No. 14.)

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On January 13, 2017, Petitioner filed a “Motion to Compel” (ECF No. 17), asking

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the Court to require Respondent to answer. Petitioner later filed his traverse on March 9,

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2017. (ECF No. 20.)

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Respondent filed an answer within the time required by the Court. Accordingly,

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there is no basis for granting the relief Petitioner seeks. The motions will therefore be

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denied. The Court will address the merits of the petition in due course.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. The motion for judgment (ECF No. 13) is DENIED; and

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2. The motion to compel (ECF No. 17) is DENIED.

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IT IS SO ORDERED.
Dated:

July 2, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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