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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 BILLY THOMAS WOLFINGTON, JR. No. 2:24-cv-00529-WBS-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND 14 RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

15 CORRECTIONS, 16 Respondent. 17

18 Petitioner is a state prisoner proceeding without counsel in this petition for a writ of 19 habeas corpus. 28 U.S.C. § 2254. He has brought a motion for default judgment, alleging that 20 respondent did not timely file a response to petitioner’s habeas petition. ECF No. 14. 21 Respondent did timely file his answer (ECF No. 12), but did not, as required, concurrently serve 22 petitioner with a mailed copy. Respondent has since served petitioner by mail. ECF No. 16. 23 Petitioner’s motion for default judgment should therefore be DENIED AS MOOT. 24 Accordingly, it is hereby RECOMMENDED that petitioner’s motion for default judgment 25 (ECF No. 14) be denied as moot. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 28 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 | within the specified time may waive the right to appeal the District Court's order. Turner v. 5 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). In 6 || his objections petitioner may address whether a certificate of appealability should issue in the 7 || event he files an appeal of the judgment in this case. See Rule 11, Federal Rules Governing § 8 || 2255 Cases (the district court must issue or deny a certificate of appealability when it enters a 9 || final order adverse to the applicant). 10 11 | Dated: June 13, 2025 j Bata Z ALA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28