PRATOLA v. NEW JERSEY STATE PAROLE BOARD et al

Filing 28

MEMORANDUM AND ORDER Denying 17 Motion for Summary Judgment. Signed by Judge Robert B. Kugler on 8/11/15. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
DONALD PRATOLA,
:
:
Petitioner,
:
Civ. No. 14-6405 (RBK)
:
v.
:
:
MEMORANDUM AND ORDER
NEW JERSEY STATE PAROLE BOARD, et al., :
:
Respondents.
:
_________________________________________ :
Petitioner is a state prisoner proceeding pro se with an amended petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Presently pending before the Court is petitioner’s
motion for default/default judgment. (See Dkt. No. 17.)
On December 4, 2014, this Court issued an order to answer on respondents. (See Dkt. No.
8.) Respondents were given forty-five days in which to file an answer to the amended habeas
petition. Prior to the expiration of that forty-five day period, on January 16, 2015, respondents’
requested an extension of time to file their answer to the habeas petition. (See Dkt. No. 15.)
On January 20, 2015, this Court received petitioner’s motion for default/default
judgment. (See Dkt. No. 17.) Petitioner argued in his motion that respondent failed to comply
with this Court’s December 4, 2015 Order such that he should be entitled to default judgment on
his habeas petition. On the same day, January 20, 2015, this Court granted respondents’ request
for an extension of time to file an answer. (See Dkt. No. 18.) Respondent was given until
February 17, 2015 in which to file an answer to the amended habeas petition. Subsequently,
respondents filed an answer to the amended habeas petition on February 12, 2015. (See Dkt. No.
19.)

Respondents were given additional time by the Court to file their answer. Respondents
complied with the Court’s order such that their answer is considered timely filed. Thus,
petitioner’s motion for default/default judgment will be denied.
Accordingly, IT IS this 11th day of August, 2015,
ORDERED that petitioner’s motion for default/default judgment (Dkt. No. 17.) is denied;
and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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