Edgar v. Metrish

Filing 11

ORDER granting 3 Motion to Set Aside ; denying 6 Motion for Evidentiary Hearing; denying 9 Motion for Default Judgment; denying 9 Motion for Judgment. Signed by Honorable Paul D Borman. (DGoo)

Edgar v. Metrish

Doc. 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JON MICHAEL EDGAR, Petitioner, v. LINDA M. METRISH, Respondent. __________________________________/ ORDER (1) GRANTING PETITIONER'S MOTION TO FILE AN AMENDED HABEAS CORPUS PETITION, (2) DENYING PETITIONER'S MOTIONS FOR A DEFAULT JUDGMENT AND AN EVIDENTIARY HEARING, and (3) DIRECTING RESPONDENT TO FILE THE STATE COURT RECORD On June 26, 2007, petitioner Jon Michael Edgar filed a pro se habeas corpus petition under 28 U.S.C. § 2254. The Court then ordered Respondent to file a responsive pleading on or before January 10, 2008. Respondent complied with the Court's order by filing a timely answer to the habeas petition on January 10, 2008. Currently pending before the Court are Petitioner's motions (1) to amend his habeas petition, (2) for an evidentiary hearing, and (3) for a default judgment. The motion to amend the habeas petition [Doc. 3, July 9, 2007] is GRANTED.1 The motion for a default judgment [Doc. 9, Jan. 15, 2008] is DENIED because Respondent is not in default. She filed a timely answer on January 10, 2008. The motion for an evidentiary hearing [Doc. 6, Jan. 2, 2008] is DENIED because the CASE NO. 07-12691 HONORABLE PAUL D. BORMAN

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The amended habeas petition was filed on August 6, 2007.

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Court is not persuaded that an evidentiary hearing is necessary in light of Respondent's allegation that Petitioner has failed to exhaust state remedies for his claims. Finally, to facilitate review of this case, Respondent is ORDERED to file the relevant state court briefs, orders, and transcripts within sixty (60) days of the date of this order.

s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: February 5, 2008 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on February 5, 2008. s/Denise Goodine Case Manager

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