Gonzalez v. Bradt

Filing 17

ORDER denying with prejudice 12 Motion for Default Judgment. Signed by Hon. Michael A. Telesca on 08/29/14. (AFB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

HECTOR GONZALEZ,
Petitioner,
-vs-

No. 6:13-CV-6574(MAT)
DECISION AND ORDER

MARK BRADT,
Respondent,

On April 7, 2014, this Court dismissed the pro se habeas
corpus petition filed by petitioner Hector Gonzalez, denied his
request for appointment of counsel, and denied a certificate of
appealability. Judgment was entered on April 8, 2014.
On April 4, 2014, pursuant to the prisoner mailbox rule,
Petitioner filed a motion for default judgment (Dkt #12) against
Respondent on the basis that Respondent failed to respond to
Petitioner’s request for admissions pursuant to Rule 36 of the
Federal Rules of Civil Procedure. However, the motion for default
judgment did not appear on the Court’s docket until April 23, 2014.
This motion is now moot, in light of the Court’s dismissal of
Petitioner’s habeas petition on the merits. In the alternative, the
Court declines to enter a default judgment in favor of Petitioner.
“Although, in civil cases, a party’s failure to respond justifies
the entry of judgment against the defaulting party, default in
responding to a habeas petition presents a different situation.”
Jackson v. Kuhlman, 94–CV–5934, 1996 WL 1088202, at *1 (E.D.N.Y.
-1-

Oct. 8, 1996) (citation omitted). The Second Circuit made it clear
in Bermudez v. Reid, 733 F.2d 18 (2d Cir. 1984), that default
judgment should not be granted in favor of a habeas petitioner
without a

court

first

reaching

the

merits

of

the

underlying

petition. Id. at 21. As noted above, the Court has already found
that Petitioner’s claims for habeas relief lack merit. Thus, the
entry of a judgment of default against Respondent is unwarranted.
See id. Petitioner’s motion for default judgment (Dkt #12) is
denied with prejudice.
SO ORDERED.
S/Michael A. Telesca
HONORABLE MICHAEL A. TELESCA
United States District Judge
DATED:

August 29, 2014
Rochester, New York

-2-