(HC) Wolfington v. CDC

Good Law
United States District Court, Eastern District of CaliforniaJune 13, 20252:24-cv-00529California370 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8

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 RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS, Respondent.

Petitioner is a state prisoner proceeding without counsel in this petition for a writ of habeas corpus. 28 U.S.C. § 2254. He has brought a motion for default judgment, alleging that respondent did not timely file a response to petitioner’s habeas petition. ECF No. 14. Respondent did timely file his answer (ECF No. 12), but did not, as required, concurrently serve petitioner with a mailed copy. Respondent has since served petitioner by mail. ECF No. 16. Petitioner’s motion for default judgment should therefore be DENIED AS MOOT. Accordingly, it is hereby RECOMMENDED that petitioner’s motion for default judgment (ECF No. 14) be denied as moot. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the…

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