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Murphy v. Tate

United States District Court, Eastern District of California
Jun 16, 2022
1:22-cv-00124-EPG-HC (E.D. Cal. Jun. 16, 2022)

Opinion

1:22-cv-00124-EPG-HC

06-16-2022

BORIS C. MURPHY, Petitioner, v. B.M. TATE, Respondent.


ORDER DENYING PETITIONER'S REQUEST FOR ENTRY OF DEFAULT (ECF NO. 9)

ORDER DIRECTING CLERK OF COURT TO SEND PETITIONER COPY OF MOTION TO DISMISS

Petitioner Boris C. Murphy is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

On May 5, 2022, Respondent filed a motion to dismiss the petition. (ECF No. 8). On June 15, 2022, the Court received the instant request for entry of default. (ECF No. 9). However, Respondent filed a certificate of service with the Court certifying that on May 5, 2022, a copy of the motion to dismiss was served on Petitioner by mail. (ECF No. 8 at 7). Accordingly, the Court finds that entry of default is not warranted.

Page numbers refer to the ECF page numbers stamped at the top of the page.

Based on the foregoing, the Court HEREBY ORDERS that:

1. Petitioner's request for entry of default (ECF No. 9) is DENIED;

2. The Clerk of Court is DIRECTED to send Petitioner a copy of Respondent's motion to dismiss (ECF No. 8);

3. Within twenty-one (21) days of the date of service of this order, Petitioner SHALL FILE an opposition or statement of non-opposition to the motion to dismiss; and

4. Any reply to an opposition to the motion to dismiss shall be filed within fourteen (14) days after the opposition has been filed in CM/ECF.

IT IS SO ORDERED.


Summaries of

Murphy v. Tate

United States District Court, Eastern District of California
Jun 16, 2022
1:22-cv-00124-EPG-HC (E.D. Cal. Jun. 16, 2022)
Case details for

Murphy v. Tate

Case Details

Full title:BORIS C. MURPHY, Petitioner, v. B.M. TATE, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 16, 2022

Citations

1:22-cv-00124-EPG-HC (E.D. Cal. Jun. 16, 2022)