Marlon Jessie Blacher v. L S McEwen

Filing 72

ORDER by Judge Ronald M. Whyte Denying 54 Motion for Entry of Default and Default Judgment. (jgS, COURT STAFF) (Filed on 2/11/2015)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 MARLON JESSIE BLACHER, 12 Petitioner, 13 vs. 14 L.S. MCEWEN, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) No. C 12-4775 RMW (PR) ORDER DENYING PETITIONER’S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT (Docket No. 54) Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. The court granted in part respondent’s motion to dismiss and 19 ordered respondent to show cause no later than November 30, 2014 why a writ of habeas corpus 20 should not be granted based on the remaining claims. (Docket No. 48.) On November 13, 2014, 21 respondent filed a motion requesting an extension of time to December 31, 2014, in which to file 22 a response. (Docket No. 51.) On December 17, 2014, this court granted respondent’s motion for 23 an extension of time to file a response. (Docket No. 56.) Respondent filed a response on 24 December 23, 2014. (Docket No. 57.) After being granted an extension of time by this court, 25 petitioner filed a traverse on January 12, 2015. (Docket No. 63.) 26 27 Pending before this court is a motion requesting an entry of default and default judgment, filed by petitioner on December 11, 2014. (Docket No. 54.) Given the orders of this court 28 Order Denying Mot. for Entry of Default and Default Judment P:\PRO-SE\RMW\HC.12\Blacher775deny-default.wpd 1 extending time for both petitioner and respondent, and the subsequent filings of respondent’s 2 response and petitioner’s traverse, this motion is DENIED. This case is now fully briefed and 3 submitted to this court for review. 4 This order terminated docket number 54. 5 IT IS SO ORDERED. 6 DATED: RONALD M. WHYTE United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Mot. for Entry of Default and Default Judment P:\PRO-SE\RMW\HC.12\Blacher775deny-default.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARLON JESSIE BLACHER, Case Number: CV12-04775 RMW Plaintiff, CERTIFICATE OF SERVICE v. L.S. MCEWEN et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 11, 2015, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Marlon Jessie Blacher #G-50077 C/O Cell A1-1222 California Men’s Colony State Prison P. O. Box 8101 San Luis Obispo, CA 93409 Dated: February 11, 2015 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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