Manigault v. Ives
Filing
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ORDER denying 9 Motion for default judgment signed by Magistrate Judge Edmund F. Brennan on 11/22/11. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KELIN MANIGAULT,
Petitioner,
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No. CIV S-11-0410 WBS EFB P
vs.
RICHARD B. IVES,
Respondent.
ORDER
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Petitioner is a federal prisoner without counsel seeking a writ of habeas corpus. See 28
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U.S.C. § 2241. Petitioner has filed a motion for default judgment, arguing that respondent did
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not timely file a response to his petition. Dckt. No. 9.
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It is petitioner’s burden to show that he is in custody in violation of the laws of the
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United States. Miller-El v. Cockrell, 537 U.S. 322, 358 n. 3 (2003). State officials’ failure to
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comply with court deadlines does not relieve petitioner of the burden of proof or entitle him to
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entry of a default or a default judgment. Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990).
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Accordingly, it is ORDERED that petitioner’s motion for default judgment is denied.
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Dated: November 22, 2011.
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