Borla

(HC) Sharp v. Borla

Good Law
United States District Court, Eastern District of CaliforniaFebruary 8, 20241:23-cv-01557California402 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY ANDRE SHARP, Case No. 1:23-cv-01557-NODJ-HBK (HC) Petitioner, ORDER DENYING PETITIONER’S MOTON

FOR DEFAULT JUDGMENT

v. (Doc. No. 14) EDWARD BORLA, WARDEN,

Respondent. 16 Pending before the Court is Petitioner’s motion for default judgment. (Doc. No. 14). Petitioner is proceeding pro se on a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). Petitioner asks that a judgment be entered in his favor on his Petition because Respondent did not timely file an Answer to the Petition by the Court’s deadline of no later than 60 days after the November 20, 2023 entry of the Court’s order requiring a response to the Petition. (Doc. No. 14). As a result, Petitioner contends he must be granted resentencing or immediate release. (Id. at 2). In general, default judgments are disfavored in habeas corpus cases and a petitioner is not entitled to a default judgment merely because a respondent may have…

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