Opinion
ORDER DENYING PETITIONER'S MOTION REQUESTING THE COURT TO GRANT RELIEF
LUCY H. KOH, District Judge.
This pro se habeas corpus action was filed on December 15, 2009. Before the Court, is Petitioner's motion requesting the Court to grant relief on the merits, which the Court construes as a motion for entry of default against the Respondent for failure to respond to the Court's June 14, 2010 Order to Show Cause.
The Court directed the Respondent to respond to the Order to Show Cause by September 13, 2010. On September 27, 2010, Respondent filed an extension of time to file their answer. Counsel for Respondent claim they've been burdened with out of state travel and a three week evidentiary hearing on a capital case, in addition to regular case assignments. On September 29, 2010, the Court granted Respondent's motion and ordered him to file an answer by November 13, 2010.
Because Respondent's motion for extension of time was granted, Petitioner's motion requesting the Court to grant relief on the merits is DENIED.
This order terminates docket no. 11.
IT IS SO ORDERED.