IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 20, 2013
LONNIE OLIVER, PETITIONER,
MICHAEL BABCOCK, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner is a federal prisoner, proceeding without counsel, with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On March 14, 2013, petitioner filed a motion for default judgment, based on respondent's alleged failure to timely file a responsive pleading. However, by order filed February 20, 2013, respondent was granted until April 1, 2013, in which to file a responsive pleading. (Dkt. No. 12.) Thus, petitioner's motion is premature, and is denied. Accordingly, IT IS HEREBY ORDERED that petitioner's March 14, 2013 motion (dkt. no. 14) is denied without prejudice.
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