Midgyett v. Jackson

Filing 12

ORDER DENYING PETITIONERS MOTION TO HOLD RESPONDENT IN DEFAULT (Doc. 9)AND DIRECTING RESPONDENT TO MAIL A COPY OF THE RESPONSE TO PETITIONER. Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GREGORY MIDGYETT,
Petitioner,

Case No. 17-cv-13846

v.
HONORABLE AVERN COHN
SHANE JACKSON,
Respondent.
_____________________________/
ORDER DENYING PETITIONER’S MOTION
TO HOLD RESPONDENT IN DEFAULT (Doc. 9)
AND
DIRECTING RESPONDENT TO MAIL A COPY OF THE RESPONSE TO PETITIONER
This is a pro se habeas corpus case under 28 U.S.C. §§ 2241 and 2254.
Petitioner Gregory Midgyett challenges his state court convictions for second-degree
murder and three weapon offenses. Before the Court is Petitioner’s motion to hold
respondent Shane Jackson in default for allegedly failing to file a timely response to the
petition. See Doc. 9. Petitioner makes a similar allegation in a letter filed on April 18,
2019. See Doc. 10.
Petitioner accurately points out in his motion and letter that Respondent was
ordered to file a responsive pleading by June 4, 2018.

See Doc. 4.

Contrary to

Petitioner’s additional allegation, however, Respondent is not in default. He filed a timely
answer to the petition and the state-court materials on June 4, 2018. See Docs. 7-8. He
has also certified that he mailed a copy of his answer to Petitioner. See Doc. 7, p. 60.
Accordingly, Petitioner’s motion to hold Respondent in default is DENIED.

Petitioner also requests a copy of the Respondent’s answer. See Doc. 11.
Although Respondent certified that a copy was mailed to Petitioner, in an abundance of
caution, the Court DIRECTS that Respondent mail another copy of the answer to
Petitioner.
SO ORDERED.

Dated:

6/12/2019
Detroit, Michigan 

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE