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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARLON JESSIE BLACHER,
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Petitioner,
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vs.
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L.S. MCEWEN,
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Respondent.
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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

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pursuant to 28 U.S.C. § 2254. The court granted in part respondent’s motion to dismiss and

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ordered respondent to show cause no later than November 30, 2014 why a writ of habeas corpus

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should not be granted based on the remaining claims. (Docket No. 48.) On November 13, 2014,

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respondent filed a motion requesting an extension of time to December 31, 2014, in which to file

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a response. (Docket No. 51.) On December 17, 2014, this court granted respondent’s motion for

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an extension of time to file a response. (Docket No. 56.) Respondent filed a response on

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December 23, 2014. (Docket No. 57.) After being granted an extension of time by this court,

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petitioner filed a traverse on January 12, 2015. (Docket No. 63.)

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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

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Order Denying Mot. for Entry of Default and Default Judment
P:\PRO-SE\RMW\HC.12\Blacher775deny-default.wpd

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extending time for both petitioner and respondent, and the subsequent filings of respondent’s

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response and petitioner’s traverse, this motion is DENIED. This case is now fully briefed and

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submitted to this court for review.

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This order terminated docket number 54.

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IT IS SO ORDERED.

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DATED:
RONALD M. WHYTE
United States District Judge

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Order Denying Mot. for Entry of Default and Default Judment
P:\PRO-SE\RMW\HC.12\Blacher775deny-default.wpd

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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