Warden

(HC) Tessmer v. Warden

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20242:24-cv-01500California326 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT HENRY TESSMER, JR, Case No. 2:24-cv-1500 CSK P 12 Petitioner, [PROPOSED] ORDER 13 v. 14 STEVE SMITH, Acting Warden, Respondent. 17 Petitioner is a state prisoner proceeding pro se. On November 26, 2024, respondent filed a request for leave to file a late responsive pleading. Respondent seeks an additional thirty days to file a responsive pleading due to a calendaring error. On September 16, 2024, the Court ordered respondent to file a responsive pleading within sixty days. (ECF No. 8.) The responsive pleading was due on or before November 15, 2024. Thus, respondent’s request for extension of time was filed after the deadline expired. While the Court will grant respondent’s late request, respondent is cautioned that failure to timely meet court deadlines in the future may result in the imposition of sanctions. See Local Rule 110.

Petitioner is advised that it is settled law that default judgments are not available in federal habeas corpus actions. …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.