Trate

(HC) McCoy v. Trate

Good Law
United States District Court, Eastern District of CaliforniaApril 13, 20221:22-cv-00031California633 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD L. MCCOY, Case No. 1:22-cv-00031-HBK Petitioner, ORDER DENYING PETITIONER’S

CONSTRUED MOTON FOR CLERK’S

v. DEFAULT B.M. TRATE, (Doc. No. 15) Respondent. ORDER DENYING PETITIONER’S MOTION

FOR EMERGENCY STATUS CONFERENCE

16 (Doc. No. 16) 17 18 Pending before the Court are Petitioner’s request for judgment and motion for emergency 19 status conference. (Doc. Nos. 15, 16). Petitioner, who is pro se, has pending a petition for writ of 20 habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1). In his request for judgment, Petitioner asks 21 that a judgment be entered in his favor because he did not receive a response to his petition by the 22 Court’s deadline of March 8, 2022, and therefore contends that Respondent’s “silence is an 23 unopposed concession or admittance to [P]etitioner’s habeas corpus claims.” (Doc. No. 15). The 24 Court thus construes the motion as seeking a clerk’s default, or a default judgment due to…

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