Broussard v. Evans (HC)

Filing 9

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kimberly J. Mueller on 7/29/10 ORDERING that 8 Motion for a ruling is DENIED; Respondents response, plus the necessary records, is due within thirty days of the date of this order; Respondent is directed to show cause, within seven days of the date of this order, why sanctions should not be imposed for his failure to respond to the courts order; and Clerk of the Court is directed to serve a copy of this order on Jennifer Neill, Deputy Attorney General. (cc Jennifer Neill)(Dillon, M)

(HC)Broussard v. Evans

Doc. 9

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY BROUSSARD, Petitioner, vs. MIKE EVANS, Warden, Respondent. / Petitioner is a state prison inmate proceeding pro se with a petition for a writ of habeas corpus challenging a denial of parole. On April 28, 2010, the court directed respondent to file a response to the petition. He has not responded to the court's order. On July 19, 2010, petitioner filed a motion for a ruling on his habeas petition, noting respondent's failure to respond and reasoning that he is entitled to relief. However, the state's failure to respond does not entitle petitioner to a default judgment. Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990). IT IS THEREFORE ORDERED that: 1. Petitioner's motion for a ruling (docket no. 8) is denied; ORDER AND ORDER TO SHOW CAUSE No. CIV S-09-3242 KJM P

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2. Respondent's response, plus the necessary records, is due within thirty days of the date of this order; 3. Respondent is directed to show cause, within seven days of the date of this order, why sanctions should not be imposed for his failure to respond to the court's order; and 4. The Clerk of the Court is directed to serve a copy of this order on Jennifer Neill, Deputy Attorney General. DATED: July 29, 2010.

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