Edgar v. Metrish

Full title: JON MICHAEL EDGAR, Petitioner, v. LINDA M. METRISH, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Feb 5, 2008

CASE NO. 07-12691 (E.D. Mich. Feb. 5, 2008)

Opinion

CASE NO. 07-12691.

February 5, 2008

ORDER (1) GRANTING PETITIONER'S MOTION TO FILE AN AMENDED HABEAS CORPUS PETITION, (2) DENYING PETITIONER'S MOTIONS FOR A DEFAULT JUDGMENT AND AN EVIDENTIARY HEARING, and (3) DIRECTING RESPONDENT TO FILE THE STATE COURT RECORD

PAUL BORMAN, District Judge

On June 26, 2007, petitioner Jon Michael Edgar filed a pro se habeas corpus petition under 28 U.S.C. § 2254. The Court then ordered Respondent to file a responsive pleading on or before January 10, 2008. Respondent complied with the Court's order by filing a timely answer to the habeas petition on January 10, 2008.

Currently pending before the Court are Petitioner's motions (1) to amend his habeas petition, (2) for an evidentiary hearing, and (3) for a default judgment. The motion to amend the habeas petition [Doc. 3, July 9, 2007] is GRANTED.¹ The motion for a default judgment [Doc. 9, Jan. 15, 2008] is DENIED because Respondent is not in default. She filed a timely answer on January 10, 2008.

1 The amended habeas petition was filed on August 6, 2007.

The motion for an evidentiary hearing [Doc. 6, Jan. 2, 2008] is DENIED because the Court is not persuaded that an evidentiary hearing is necessary in light of Respondent's allegation that Petitioner has failed to exhaust state remedies for his claims. Finally, to facilitate review of this case, Respondent is ORDERED to file the relevant state court briefs, orders, and transcripts within sixty (60) days of the date of this order.