Mitchell v. McDaniel et al

Filing 24

ORDER. IT IS ORDERED that P's 22 motion for default judgment is DENIED. Signed by Judge Robert C. Jones on 4/1/2011. (Copies have been distributed pursuant to the NEF - PM)

Mitchell v. McDaniel et al

Doc. 24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________ ROBERT C. JONES United States District Judge is DENIED. Dated: This 1st day of April, 2011. Petitioner has submitted a motion for default judgment (#22). The motion has two defects. First, default judgment does not exist in federal habeas corpus. Gordon v. Duran, 895 F.2d 612 (9th Cir. 1990). Second, respondents timely filed their motion to dismiss (#11) on March 4, 2011, within the forty-five days allowed for a response. See Order (#10). IT IS THEREFORE ORDERED that petitioner's motion for default judgment (#22) vs. E. K. MCDANIEL, et al., Respondents. SEAN LAMONT MITCHELL, Petitioner, Case No. 3:10-CV-00353-RCJ-(RAM) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

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