Wirsz v. Sugrue
Filing
13
ORDER Granting Respondent's 11 Motion for Extension of Time to File Response to Petition for Writ of Habeas Corpus; ORDER Denying Petitioner's 12 Motion for Default Judgment signed by Magistrate Judge Jennifer L. Thurston on 05/18/2010. Response to Petition due by 6/21/2010. (Flores, E)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 THIRTY DAY DEADLINE 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a federal prisoner proceeding pro se in a habeas corpus action pursuant to 28 U.S.C. § 2241. On March 10, 2010, the Court ordered Respondent to file a response by May 12, 2010. (Doc. 8). On May 12, 2010, respondent filed a motion to extend time to file a response to the petition for writ of habeas corpus based upon the need to consult the Office of Enforcement Operations, Criminal Division, and the need to conduct further research regarding Petitioner's claim of entitlement to a treaty transfer. (Doc. 11). On May 17, 2010, Petitioner filed a motion vs. JOHN SUGRUE, Respondent. ________________________________/ ORDER DENYING PETITIONER'S MOTION FOR DEFAULT JUDGMENT (Doc. 12) COREY DARRYL WIRSZ, Petitioner, 1:09-cv-1204-JLT (HC) ORDER GRANTING RESPONDENT'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS (Doc. 11) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
requesting entry of default judgment for Respondent's purported failure to file a timely response. (Doc. 12). Since that motion is based upon the false assumption that Respondent did not timely request an extension of time, it will be denied. Moreover, good cause having been presented to the Court for Respondent's request for an extension of time, IT IS HEREBY ORDERED that:
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1.
Respondent's motion to extend time (Doc. 11), is GRANTED. Respondent has thirty (30) days in which to file a Response.
2.
Petitioner's motion for default judgment (Doc. 12), is DENIED.
IT IS SO ORDERED. Dated: May 18, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE
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