Opinion
Case No. 8:11-CV-1025-T-30TGW.
October 20, 2011
ORDER
Before the Court is Petitioner's Motion for Summary Judgment (Dkt. 14) in which he requests that the Court grant him summary judgment for Respondent's failure to file a timely response to his petition for writ of habeas corpus. A review of the docket reveals that the Court granted Respondent an extension of time until November 8, 2011, to file a response (Dkt. 13).
Moreover, neither default nor summary judgment is 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 (11th Cir. 1987) (finding that a default judgment is not contemplated in habeas corpus cases); Goodman v. Keohane, 663 F.2d 1044, 1048 n. 4 (11th 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 Summary Judgment (Dkt. 14) is DENIED. DONE and ORDERED in Tampa, Florida.