Merlak
(HC) Wilcox v. Merlak
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SIMON LEE WILCOX, No. 1:19-cv-01410-LJO-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION TO
DENY MOTION FOR DEFAULT
v. [Doc. 11] STEVEN MERLAK, Warden, et al., [FOURTEEN DAY DEADLINE] Respondents. 16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 26, 2019, Petitioner filed a motion for entry of default, or in the alternative, a motion for an order to show cause. (Doc. 11.) Petitioner contends that Respondent has failed to timely comply with a court order. Petitioner notes that the Court issued an order on October 18, 2019, directing Respondent to file a responsive pleading within sixty days. (Doc. 4.) Petitioner states Respondent has not filed a motion to dismiss or an answer within the allotted time. The Court notes, however, that Respondent requested, and the Court granted, Respondent’s motion for extension of time on December 23, 2019,…