Allen v. Tripp

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_______________________________
)
ANDRE MAURICE ALLEN, )
)
Plaintiff, )
)
v. ) Civil Action No. 13-35 (RWR)
)
BRICK TRIPP, )
)
Defendant. )
_______________________________)
MEMORANDUM ORDER AND ORDER TO SHOW CAUSE
On January 2, 2013, federal prisoner Andre Maurice Allen
filed a petition for a writ of habeas corpus under 28 U.S.C.
§ 2241. The government was ordered to respond to Allen’s motion
by March 11, 2013. The government, however, has filed no
response to Allen’s motion. On March 25, 2013, Allen moved for
entry of a default judgment against the government under Federal
Rule of Civil Procedure 55(a). Although the Rules of Civil
Procedure apply in habeas corpus proceedings, see Gonzalez v.
Crosby, 545 U.S. 524, 529 (2005); see also Fed. R. Civ. P.
81(a)(4), it is improper to issue a default judgment granting a
habeas petition, see Bermudez v. Reid, 733 F.2d 18, 21-22 (2d
Cir. 1984); United States v. Brisbane, 729 F. Supp. 2d 99, 107-08
(D.D.C. 2010). Thus, Allen’s motion for entry of a default
judgment will be denied. Accordingly, it is hereby
- 2 -
ORDERED that Allen’s motion [3] for entry of default be, and
hereby is, DENIED. Because the government has yet to respond to
Allen’s motion, it is further
ORDERED that the government show cause in writing by
April 16, 2013 why the allegations in Allen’s petition should not
be deemed conceded and other appropriate sanctions should not be
considered. It is further
ORDERED that the Clerk serve a copy of this order upon the
Chief of the Special Proceedings Division of the U.S. Attorney’s
Office and the Chief of the Civil Division of the U.S. Attorney’s
Office.
SIGNED this 2nd day of April, 2013.
/s/
RICHARD W. ROBERTS
United States District Judge