Mark Heath v. Warden, N.H. State Prison for Men

Summary

A United States magistrate judge recommends denying petitioner Mark Heath’s motion for default judgment in his 28 U.S.C. § 2254 habeas case. The recommendation concludes that default judgment is improper because the respondent filed a motion for summary judgment, which was deemed timely after the court retroactively granted an extension of time.

Holdings

1. Default judgment was improper because the respondent had filed a motion for summary judgment and therefore had not failed to plead or otherwise defend the action.

Questions Presented

1. Whether the petitioner was entitled to default judgment under Federal Rule of Civil Procedure 55 when the respondent had filed a motion for summary judgment, albeit after the original deadline.
2. Whether the respondent's motion for summary judgment was timely after the court retroactively granted an extension of time.

Disposition

other