(HC) Green v. Kibler

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/2021 DENYING petitioner's 19 request for a ruling. Petitioner shall file his opposition to respondent's 18 motion to dismiss within 30 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARVON D. GREEN,

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No. 2:21-cv-1397 JAM KJN P

Petitioner,

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v.

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BRIAN KIBLER,

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ORDER

Respondent.

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Petitioner is a state prisoner, proceeding pro se. On November 10, 2021, petitioner filed a

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notice and request for ruling, claiming that due to respondent’s failure to timely respond

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petitioner’s habeas petition should be granted. However, on November 5, 2021, respondent

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timely sought an extension of time to respond, which was granted by the court on November 9,

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2021. 1
On November 12, 2021, respondent filed a motion to dismiss. On November 15, 2021,

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petitioner objected to the court granting petitioner a seven-day extension of time, and complained

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that while the respondent was granted sixty days to respond, petitioner was only granted thirty

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days to reply. Petitioner does not appear to seek an additional sixty days in which to oppose

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In any event, default judgments are not available in federal habeas corpus actions. See Gordon
v. Duran, 895 F.2d 610 (9th Cir. 1990) (failure of the state to file a timely response to petition
“does not entitle the petitioner to a default judgment”); Blietner v. Wellborne, 15 F.3d 652 (7th
Cir. 1994) (“default judgments are disfavored in habeas corpus cases”) (collecting cases).
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respondent’s motion. In an abundance of caution, petitioner is granted thirty days from the date

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of this order in which to oppose respondent’s motion to dismiss. If petitioner needs additional

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time, he may explain why and request an extension of time just as respondent did.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for ruling (ECF No. 19) is denied.

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2. Petitioner shall file his opposition to respondent’s motion within thirty days from the

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date of this order.

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Dated: November 18, 2021

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/gree1397.hab.def

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