ALLEN v. TRIPP

Filing 4

MEMORANDUM ORDER AND ORDER TO SHOW CAUSE denying Allen's motion 3 for entry of default and ordering that the government show cause in writing by April 16, 2013 why the allegations in Allen's petition should not be deemed conceded and othe r appropriate sanctions should not be considered. The Clerk shall serve a copy of this order upon the Chief of the Special Proceedings Division of the U.S. Attorney's Office and the Chief of the Civil Division of the U.S. Attorney's Office. Signed by Judge Richard W. Roberts on 4/2/13. (lcrwr2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_______________________________
)
ANDRE MAURICE ALLEN,
)
)
Plaintiff,
)
)
v.
)
Civil Action No. 13-35 (RWR)
)
BRICK TRIPP,
)
)
Defendant.
)
_______________________________)
MEMORANDUM ORDER AND ORDER TO SHOW CAUSE
On January 2, 2013, federal prisoner Andre Maurice Allen
filed a petition for a writ of habeas corpus under 28 U.S.C.
§ 2241.

The government was ordered to respond to Allen’s motion

by March 11, 2013.

The government, however, has filed no

response to Allen’s motion.

On March 25, 2013, Allen moved for

entry of a default judgment against the government under Federal
Rule of Civil Procedure 55(a).

Although the Rules of Civil

Procedure apply in habeas corpus proceedings, see Gonzalez v.
Crosby, 545 U.S. 524, 529 (2005); see also Fed. R. Civ. P.
81(a)(4), it is improper to issue a default judgment granting a
habeas petition, see Bermudez v. Reid, 733 F.2d 18, 21-22 (2d
Cir. 1984); United States v. Brisbane, 729 F. Supp. 2d 99, 107-08
(D.D.C. 2010).

Thus, Allen’s motion for entry of a default

judgment will be denied.

Accordingly, it is hereby

- 2 ORDERED that Allen’s motion [3] for entry of default be, and
hereby is, DENIED.

Because the government has yet to respond to

Allen’s motion, it is further
ORDERED that the government show cause in writing by
April 16, 2013 why the allegations in Allen’s petition should not
be deemed conceded and other appropriate sanctions should not be
considered.

It is further

ORDERED that the Clerk serve a copy of this order upon the
Chief of the Special Proceedings Division of the U.S. Attorney’s
Office and the Chief of the Civil Division of the U.S. Attorney’s
Office.
SIGNED this 2nd day of April, 2013.

/s/
RICHARD W. ROBERTS
United States District Judge