IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 22, 2011
KELIN MANIGAULT, PETITIONER,
RICHARD B. IVES, RESPONDENT.
Petitioner is a federal prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2241. Petitioner has filed a motion for default judgment, arguing that respondent did not timely file a response to his petition. Dckt. No. 9.
It is petitioner's burden to show that he is in custody in violation of the laws of the United States. Miller-El v. Cockrell, 537 U.S. 322, 358 n. 3 (2003). State officials' failure to comply with court deadlines does not relieve petitioner of the burden of proof or entitle him to entry of a default or a default judgment. Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990).
Accordingly, it is ORDERED that petitioner's motion for default judgment is denied.
© 1992-2011 VersusLaw Inc.