GILKES v. HENDRICKS et al
ORDER denying petitioner's 9 Motion for Default Judgment ; denying petitioner's 10 Motion to Stay deportation, etc.. Signed by Judge Jose L. Linares on 6/2/2015. (nr, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 14-3209 (JLL)
ROY L. HENDRICKS, et at.,
IT APPEARING THAT:
1. On or about August 26, 2014, Petitioner Jermaine Gilkes filed his amended petition
for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. (ECF No. 6).
2. On October 17, 2014, this Court issued an Order directing Respondents to file a
response to the
2254 petition within 45 days. (ECF No. 7).
3. Respondents, however, apparently never received that initial order. (See ECF No. 12).
4. On January 29, 2015, Petitioner filed a motion for default judgment which this Court
did not receive until February 5, 2015. (ECF No. 9).
5. On January 29, 2015, Petitioner also filed a motion to stay his deportation, which was
not received by this Court until February 9, 2015. (ECF No. 10).
6. Petitioner, however, was deported to Guyana on February 3, 2015, before the Court
received either motion. (See ECF No. 16).
7. This Court issued a second order to answer on March 18, 2015, which Respondents
have received and to which they have responded. (ECF No. 11, 12, 13).
8. On May 19, 2015, Respondents filed their response to this habeas petition. (ECF No.
IT IS THEREFORE on this
day of June, 2015,
ORDERED that Petitioner’s Motion for Default Judgment (ECF No. 9) is DENIED as
Respondents have answered the petition; and it is further
ORDERED that Petitioner’s Motion to Stay Deportation (ECF No. 10) is DENIED as
Plaintiff had already been deported by the time the motion was received by the Court; and it is
ORDERED that the Clerk of the Court shall serve a copy of this Order upon the
Respondents electronically and upon Petitioner by regular U.S. mail.
Hon. Jpe Lrnares
Unik States District Judge
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