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)

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

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