Davis (ID 06598) v. Schnurr

Filing 37

MEMORANDUM AND ORDER ENTERED: Petitioner's motion for entry of judgment (Doc. 36 ) is denied. Signed by U.S. Senior District Judge Sam A. Crow on 05/10/22.Mailed to pro se party Anthony Leroy Davis by regular mail. (smnd)

Case 5:20-cv-03269-SAC Document 37 Filed 05/10/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANTHONY LEROY DAVIS,
Petitioner,
v.

CASE NO. 20-3269-SAC

DAN SCHNURR,
Respondent.

MEMORANDUM AND ORDER

This matter comes before the Court on a document Petitioner
has filed entitled “Judgment.” (Doc. 36.) Since Petitioner proceeds
pro se, the Court will liberally construe Petitioner’s filing as a
motion for entry of judgment, which the Court will deny. The
proposed “Judgment” inaccurately states that Respondent (improperly
referred to as Defendant) acted in direct contempt of court and it
purports to award Petitioner $4,000 even though monetary relief is
not available in a habeas action under 28 U.S.C. § 2254.
Respondent’s answer and return is due June 6, 2022, and the
Court has advised Respondent that no further extensions of time
will be granted. After Respondent files and serves the answer and
return, Petitioner will have the opportunity to file a traverse
responding to the answer and return. In addition to the deficiencies
in the proposed judgment noted above, Petitioner’s request for entry
of judgment is premature.

IT IS THEREFORE ORDERED that Petitioner’s motion for entry of
judgment (Doc. 36) is denied.

Case 5:20-cv-03269-SAC Document 37 Filed 05/10/22 Page 2 of 2

IT IS SO ORDERED.
DATED:

This 10th day of May, 2022, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge