Legal Opinion
Bermudez v. Reid
District Court, S.D. New York
Decided August 30, 1983No. 83 Civ. 711(CES)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
STEWART, District Judge:
For reasons explained more fully below, we have before us what we take to be a motion for a default judgment by a habeas corpus petitioner. The petitioner, a state prisoner, was convicted in 1979 of Second Degree Robbery and has served four years 1 of a five to ten year sentence. Despite conflicting authority as to whether default judgments may be entered in habeas actions, we have concluded that the motion should be granted.
On March 29, 1983, this court ordered respondents to answer petitioner’s petition within 30 days. By letter dated May 9, 1983,…
2Cases cited37 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Marbury v. MadisonSupreme Court of the United States · 1803
- Rose v. LundySupreme Court of the United States · 1982
- Fay v. NoiaSupreme Court of the United States · 1963
32 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Emilcar Bermudez v. Theodore Reid, Superintendent, Fishkill Correctional Facility, and Robert Abrams, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1984
- Wyant v. EdwardsDistrict Court, S.D. West Virginia · 1997
- Bennett v. CollinsDistrict Court, E.D. Texas · 1993
- Emilcar Bermudez v. Theodore Reid, Superintendent, and Robert Abrams, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 1983
- Sanders v. HousewrightDistrict Court, D. Nevada · 1985