Johnston Jr. v. Foxwell et al

Filing 11

MEMORANDUM OPINION AND ORDER denying 10 Motion for Default Judgment. Signed by Judge Paula Xinis on 4/13/2018. (c/m 4/13/2018 aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
RALPH JOHNSTON, JR.

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Petitioner

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v

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WARDEN RICKY FOXWELL,
THE ATTORNEY GENERAL OF
THE STATE OF MARYLAND
BRIAN E. FROSH,

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Civil Action No. PX-18-168

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Respondents
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MEMORANDUM OPINION

Pending is self-represented Petitioner Ralph Johnson’s Motion for a Default Judgment
filed on April 11, 2018. ECF No. 10. Johnson asserts the time for Respondents to file an Answer
to his Petition expired on April 6, 2018, and he is entitled to a default judgment. ECF No. 10-1.
Johnson initiated this federal habeas proceeding on January 18, 2018, by filing a Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. §2254. ECF No. 1. On January 26, 2018, the
Court ordered Respondents to file an Answer to the Petition within 40 days. ECF No. 5. On
March 30, 2018, the Court granted Respondents’ Motion for an Extension of Time to file the
Answer to and including April 6, 2018. ECF Nos. 5, 7. On April 4, 2018, Respondents filed a
second Motion for an Extension of Time, which the Court granted the following day, April 5,
2018. ECF Nos. 8, 9. Respondents’ Answer to the original and supplemented/ amended Petition
is presently due on or before May 7, 2018. Under these facts, no grounds for a default judgment
exist.

Accordingly, it is this 13th day of April 2018, by the United States District Court for the
District of Maryland, hereby ordered:
1. The Motion for Default Judgment (ECF No. 10) IS DENIED; and
2. The Clerk SHALL SEND a copy of this Order and the docket sheet to Petitioner and
to counsel.
/S/
Paula Xinis
United States District Judge