Thomas v. Superior Court of California County of Solano et al

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 3/8/2018 DENYING petitioner's 8 motion for default judgment. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALDEN A. THOMAS,

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Petitioner,

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No. 2:17-cv-0638 KJM DB P

v.

ORDER

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SOLANO, et al.,
Respondents.

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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus

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under 28 U.S.C. § 2254. Petitioner has filed a request for entry of default. (ECF No. 8.)
Petitioner claims respondent’s failure to respond entitles him to default judgment. (ECF

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No. 8.) However, on October 25, 2017, the court issued findings and recommendations

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recommending the petition be dismissed because petitioner does not have standing to sue on

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behalf of a third party. (ECF No. 6.) Petitioner filed objections to the above referenced findings

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and recommendations on November 13, 2017 and the District Court has not yet ruled. (ECF No.

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7.)

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Thus, respondent was not directed to respond to the petition and is not in default.

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Additionally, petitioner is not entitled to a default judgment for the failure to respond to claims

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raised in a petition for habeas corpus. See Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990).

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Accordingly, IT IS HEREBY ORDERED that petitioner’s March 1, 2018 motion for

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default judgment (ECF No. 8) is denied.

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Dated: March 8, 2018

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DLB:12
DLB:1/Orders/Prisoner-Habeas/thom0638.hab.def

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