Kefalas v. Williams

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 PETE KEFALAS, Case No. 2:18-cv-01745-GMN-VCF 12 Petitioner, ORDER 13 v. 14 WARDEN WILLIAMS, et al., 15 Respondents. 16 17 On April 22, 2019, the court directed respondents to file an answer or other response to 18 the petition for a writ of habeas corpus. ECF No. 3. On June 6, 2019, respondents filed a timely 19 motion to dismiss. ECF No. 5. On August 14, 2019, petitioner filed a memorandum/notice 20 stating that the time to file an answer expired on June 6, 2019, that respondents never filed a 21 motion for extension of time to answer the writ, and thus the court should grant petitioner relief. 22 ECF No. 8. On August 22, 2019, respondents filed a response to the memorandum/notice. ECF 23 No. 9. Respondents state that they did serve petitioner with a copy of the motion to dismiss on or 24 around the date that they filed the motion. Respondents also state that they have served petitioner 25 with another copy of the motion to dismiss. 26 The court denies petitioner's request that the writ be granted. First, as respondents 27 correctly note, the failure to respond to claims does not entitle petitioner to default judgment in 28 federal habeas corpus. See Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990). Second, 1 respondents did file a timely response to the petition. 2 Under the circumstances, the court will give petitioner additional time to respond to the 3 motion to dismiss. 4 IT THEREFORE IS ORDERED that petitioner will have an additional forty-five (45) 5 days from the date of entry of this order to file a response to the motion to dismiss (ECF No. 5).

6 DATED: September 4, 2019

7 ______________________________ GLORIA M. NAVARRO 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28