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15-425 - McDermott v. Carlin

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15-425 - McDermott v. Carlin
August 16, 2016
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MEMORANDUM DECISION & ORDER Petitioner's Motion for Leave to File Amendment to Habeas Corpus Petition (Dkt. 13), which asks the Court to "extend[]" Claim 5, is GRANTED to the extent set forth above. Petitioner's Motion for Leave to Seek Equitable Tolling (Dkt. 14) is DENIED. Petitioner's Motion and Notice of Nil-Dicit Default Judgment and Stay of Proceedings (Dkt. 19) is DENIED. The failure to file a response to a motion is not a sufficient basis for a default judgment or a stay of the proceedings. Respondent's Motion for Summary Dismissal (Dkt. 11) is GRANTED, and the Petition (Dkt. 3) is DISMISSED with prejudice. Petitioner's Motion for Leave to File Motion Reply Contesting Misrepresented Facts (Dkt. 20) is DENIED AS MOOT. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)