Herrera v. Gipson

Filing 26

ORDER signed by Magistrate Judge Dale A. Drozd on 7/17/2014 DENYING petitoner's 25 motion for entry of default; DENYING petitioner's 25 motion for appointment of counsel; DENYING petitioner's 25 motion for an evidentiary hearing; and GRANTING petitioner 30 days to file an opposition to respondent's motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERTO HERRERA,

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No. 2:12-cv-2982 TLN DAD P

Petitioner,
v.

ORDER

CONNIE GIPSON,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s second motion for

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entry of default.

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On July 11, 2014, the court denied petitioner’s prior motion for entry of default. It

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appears that petitioner did not have the benefit of the court’s order before filing this second

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motion for entry of default. However, as the court previously advised, respondent has timely

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filed a motion to dismiss the petition. Therefore, petitioner’s motion for entry of default based on

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respondent’s failure to file a responsive pleading is without merit. Moreover, for the same

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reasons discussed in the court’s July 11, 2014 order, the court will deny petitioner’s motion for

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appointment of counsel and motion for an evidentiary hearing. Finally, in the interest of justice,

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the court will grant petitioner thirty days from the date of service of this order to file an

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opposition to respondent’s motion to dismiss.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for entry of default (Doc. No. 25) is denied;

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2. Petitioner’s motion for appointment of counsel (Doc. No. 25) is denied;

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3. Petitioner’s motion for an evidentiary hearing (Doc. No. 25) is denied; and

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4. Petitioner is granted thirty days from the date of service of this order to file an

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opposition to respondent’s motion to dismiss.

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Dated: July 17, 2014

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DAD:9
herr2982.def(2)

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