Hastings v. McDonough

Full title: BOBBY JOE HASTINGS, Petitioner, v. JAMES R. McDONOUGH, Respondent

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Oct 25, 2007

Case No. 8:07-cv-925-T-30EAJ (M.D. Fla. Oct. 25, 2007)

Opinion

Case No. 8:07-cv-925-T-30EAJ.

October 25, 2007

ORDER

JAMES MOODY JR., District Judge

Before the Court is Petitioner's Motion for Default Judgment and/or Other Sanctions (Dkt. 11). A review of the docket reveals that the Court granted Respondent's request for an extension of time to file a response to Petitioner's petition, and Respondent's response is due on or before November 5, 2007 (Dkt. 7).

Moreover, default is not appropriate due to the failure to timely respond to a petition for writ of habeas corpus. See, e.g., Aziz v. Leferve, 830 F.2d 184, 187 (11^th Cir. 1987) (finding that a default judgment is not contemplated in habeas corpus cases); Goodman v. Keohane, 663 F.2d 1044, 1048 n. 4 (11^th Cir. 1981) (rejecting petitioner's argument that the government's tardiness in responding to his petition entitled him to habeas relief).

ACCORDINGLY, the Court ORDERS that Petitioner's Motion for Default Judgment and/or Other Sanctions (Dkt. 11) is DENIED.

DONE and ORDERED in Tampa, Florida.