United States District Court, S.D. Mississippi, Northern Division
T. WINGATE, UNITED STATES DISTRICT JUDGE.
the Court are four motions related to petitioner's motion
pursuant to §2255 to vacate, set aside or correct
sentence by a person in federal custody. Two of the motions
are filed by the petitioner, John Willie Johnson: 1)
[doc. no. 45], a motion to deem admitted all
of the arguments and allegations of Johnson's § 2255
petition; and 2) [doc. no. 50], a motion for
an expedited ruling.  Two motions, filed by the government, are
also before the court: 1) [doc. no. 48],
motion for extension of time to file a response in opposition
to Johnson's §2255 motion; and 2) [doc. no.
51], a second motion for extension of time to file a
response to Johnson's §2255 motion. The government
has now filed its Response in Opposition to Johnson's
§2255 motion [doc. no. 57]. The court, therefore, grants
the requested extensions for time, retroactively, and the
government's opposition brief is treated as timely filed.
Motion to Deem Admitted
motion to deem admitted all of the arguments and allegations
of Johnson's §2255 petition, [doc. no. 45], is
denied. This court previously denied Johnson's second
motion to deem admitted [doc. no. 49] but inadvertently
failed to address the earlier motion. The court does so now.
order of February 17, 2017, [doc. no. 44], this court ordered
the Government to respond to Petitioner Johnson's §
2255 motion within ten days, an admittedly short period of
time. The government failed to timely respond. The
Petitioner, therefore, filed his motion asking that the
matters alleged in his petition be deemed admitted and that
his petition under §2255 be granted. The government
filed its response to the first motion to deem admitted and
also filed a motion for additional time to respond to
Johnson's §2255 motion on June 5, 2017. On the same
date, petitioner filed a second motion to deem admitted [doc.
no. 49], and a motion to expedite ruling [doc. no. 50],
seeking to have the court render its decision without
considering the government's opposing briefs. The court
entered its order on June 14, 2017, [doc. no. 55] denying
petitioner's second motion to deem admitted, but failed
to address the first such motion.
Court is persuaded that to deem petitioner's allegations
as admitted without a review of the merits would not be
appropriate. To deem the alleged matters admitted and grant
the petition, would be akin to a default judgment; and, as
the Government points out in its brief [doc. no. 47], default
judgments are not appropriate in habeas proceedings.
United States v. Morrison, 2016 WL 5886697, at *40
(W.D. Tex. Aug. 10, 2016) (citing Hyder v.
Quarterman, 2007 W.L. 2823301, at *6 (S.D. Tex. Sept.
27, 2007)). Default in habeas proceedings differs from
default in other civil cases, because “it would not be
the defaulting party but the public at large that would be
made to suffer…” Bermudez v. Reid, 733
F.2d 18, 21-22 (2d Cir. 1984).
to the Fifth Circuit Court of Appeals, the government's
delay in responding to a court order is not sufficient reason
to grant a habeas petition. Wiggins v. Procunier,
753 F.2d 1318, 1321 (5th Cir. 1985) (citing
Hyder at *6); Broussard v. Lippman, 643
F.2d 1131, 1134 (5thCir. 1981). Even the
Government's inexcusable disregard of a district
court's orders to respond to a petition, does not warrant
the granting of the habeas petition. Thompson v. United
States, 2010 WL 3782028 at *4 (E.D. Tex. Aug. 23, 2010)
(citing Bermudez v. Reid, 733 F.2d 18, 21-22 (2d
Cir. 1984)). This court is persuaded that Petitioner's
motion to deem admitted [doc. no. 49], should be and hereby
court is likewise persuaded that Petitioner's motion for
expedited ruling [doc. no. 50]. should also be denied. The
motion for expedited ruling is another attempt to have the
court make its ruling without the government's Response
to Johnson's §2255 motion, which this court declines
to do. The court expects to make a ruling on petitioner's
motion pursuant to §2255 within the next forty-five
days, taking into consideration the briefs filed by both
of the reasons stated, the Government's motions for
extensions of time [doc. no. 48] and
[doc. no. 51] are hereby
granted and its response in opposition to
Johnson's § 2255 motion [doc. no. 57] and is deemed
timely filed. Petitioner's motion to deem admitted
[doc. no. 45] and motion for expedited
ruling [doc. no. 50] are hereby
ORDERED AND ADJUDGED.
 The petitioner, John Willie Johnson,
also has pending before this court a motion pursuant to
§2255 to vacate, set aside or correct sentence by a
person in federal custody [doc. no. 42]. This court will
consider petitioner's §2255 motion ...