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Kelin Manigault v. Richard B. Ives

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


November 22, 2011

KELIN MANIGAULT, PETITIONER,
v.
RICHARD B. IVES, RESPONDENT.

ORDER

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.

20111122

© 1992-2011 VersusLaw Inc.



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