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Messina v. Wynder

November 20, 2007

DONALD MESSINA, PETITIONER,
v.
JAMES WYNDER, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Robert C. Mitchell United States Magistrate Judge

ORDER

AND NOW, this 20th day of November, 2007,

IT IS HEREBY ORDERED that the Motion to Set Aside Default filed on behalf of Respondents (Docket No. 35) is granted because "the failure to respond to claims raised in a petition for habeas corpus does not entitle the petitioner to a default judgment." Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990).

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