WEST v. UNITED STATES OF AMERICA

Filing 12

ORDER dismissing as moot petitioner's 11 Motion for Default Judgment. Signed by Judge Claire C. Cecchi on 12/9/2014. (nr, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COUR
T
DISTRICT OF NEW JERSEY
MICHAEL WEST.

Civil Action No.: 13-5339 (CCC)
Petitioner,
ORDER

v.
UNITED STATES OF AMERICA,
Respondent.
CECCHI, District Judge.

This matter comes before the Court on
Petitioner Michael West’s (“Petitioner”)
motion
for default judgment [ECF. No. 11]. It app
earing that:
I. Petitioner filed apro se pleading und
er 28 U.S.C. § 2255 challenging his fed
eral
incarceration arising from a judgment in
the United States District Court for the
District of New Jersey. Pursuant to the
decision of the Court of Appeals for the
Third Circuit in United States v. Miller,
197 F. 3d 644 (3d Cir. 1999), Petitioner
was
advised that under federal law, a person
seeking relief in federal court from
confinement resulting from conviction
in that court must include in a single peti
tion,
under § 2255, all potential claims for hic
h he or she desires to seek re’iew and
relief, because a second or successix e hab
eas petition under § 2255 must be
dismissed unless certain very specific and
rare circumstances exist. See 28 U.S
C. §
2244.
2. Petitioner did not recpond to thc notice
pro dd pursuant to Miller. ho e’ er he
filed an \mendcd Petition on July 18, 201
4.

3. On August 28, 2014, Petitioner file
d a request for Default against Respon
dent,
even though the Court had yet to dire
ct Respondent to provide their answer
.
4. Petitioner then filed, with the Third
Circuit Court of Appeals, a writ of man
damus
[Dkt, No. 14-4342], seeking an order by
this Court entering default judgment in
the
instant matter.
5. The Court issued an Order on Novemb
er 13, 2014 that: (1) directed Responden
t to
file an answer, within 45 days of the Ord
er, which responds to the allegations
of
Petitioner’s motion by each paragraph
and subparagraph, (2) required
Respondent to include with its answer
certified copies of all indictments and/or
charges, transcripts, trial briefs, append
ices, opinions, and any and all related
documents in the proceedings, (3) allowed
Petitioner to file his traverse to said
answer within thirty days from the date
of being served with same, and (4)
dismissed Petitioner’s motion to compel
the government to file their opposition
[ECF No. 3] and motion to amend his
claims [ECF No, 4] as moot.
6. The following day, on November 14,
2014, Petitioner filed another motion for
default judgment. This motion is nearly
identical to Petitioner’s August 28, 201
4
request for default; both requests sought
default due to Respondent s failure to
respond. Petitioner’s renewed motion
for default says nothing about the Cou
rt’s
November 13, 2014 Order allowing
Respondent 45 days to provide an answer
.
Respondent has ample time remaining
to comply with the Court’s previous Ord
er.

Accordingly, IT IS on this

th day of

.2014

ORDERED that Petitioner’s motion for
default judgment [ECF No. 11] is here
by
dismissed as moot in accordance
with the Court’s November 13, 2014
Order.
SO ORDERED.

HON. CLAIRE C. CECCHI
United States District Judge