Monsegue, Sr. v. United States of America

Filing 13

ORDER denying 9 Motion for Default Judgment. Signed by Magistrate Judge G. R. Smith on 2/1/17. (jlm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
FRANK D. MONSEGUE, Sr.,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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CV416-021
CR414-019

ORDER
Frank Monsegue moves for “default judgment” on his 28 U.S.C.
§ 2255 motion to vacate his sentence, contending the Government
hasn’t been playing fair in requesting (and receiving) multiple
extensions of time to file its response. Doc. 130. But default cannot be
entered unless the Government has failed to plead or otherwise defend
their case, and here they have. See, e.g. , docs. 123, 127, 131. There is
thus no basis to support movant’s allegation that the Government was,
or has ever been, in default.

His motion is therefore DENIED .

Doc. 130.

SO ORDERED, this 1st day of February, 2017.
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UNITED STATES MAGISTRATE ILJDGE
SOUTHERN DISTRICT OF GEORGIA