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Barnes v. Finn

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 8, 2009

DELANEY BARNES, PETITIONER,
v.
CLAUDE FINN, WARDEN, RESPONDENT.

ORDER

Petitioner is a former state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Respondent has requested an extension of time to file a response to the petition. See Fed. R. Civ. P. 6(b). In response, petitioner filed a motion for default judgment. Since the court grants respondent's motion herein, respondent now has until July 2, 2009, to file a response to the petition and thus, respondent is not in default. Furthermore, a failure of the State to file a timely response to the claims in a habeas corpus petition does not entitle petitioner to default judgment. See Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990).

Good cause appearing, it is ORDERED that respondent's May 15, 2009 request is GRANTED and respondent has until July 2, 2009 to file a response in this matter. It is further ORDERED that petitioner's May 19, 2009 motion for default judgment is DENIED.

20090608

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