CONWAY v. MARBERRY

Filing 10

ORDER denying petitioner's 8 Motion for Default Judgment. Signed by Judge William T. Lawrence on 3/25/2010. cm (NKD)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JERRY LEE CONWAY, Petitioner, vs. HELEN J. MARBERRY, Warden, Respondent. ) ) ) ) ) ) ) )

2:09-cv-394-WTL-DML

ENTRY The issuance of a default judgment in an action for a writ of habeas corpus is rarely warranted. See Bleitner v. Welborn, 15 F.3d 652 (7th Cir. 1994). This case is no exception to the general rule. In addition, the issuance of a default judgment would be inconsistent with the Second Order to Show Cause issued on March 17, 2010. Accordingly, the petitioner's motion for judgment by default (dkt 8) is denied. IT IS SO ORDERED.

Date: 03/25/2010 Distribution: Jerry Lee Conway Reg. No. 20469-076 Federal Constitutional Institution P.O. Box 33 Terre Haute, IN 47808 Office of the United States Attorney 10 West Market Street Suite 2100 Indianapolis, IN 46204-3048

_______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana