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BERMUDEZ v. REID

No. 83 Civ. 711(CES).

570 F.Supp. 290 (1983)

Emilcar BERMUDEZ, Petitioner, v. Theodore REID, Superintendent, and Robert Abrams, Attorney General, Respondents.

United States District Court, S.D. New York.

As Amended August 2, 1983.

On Motion to Vacate Default Judgment August 30, 1983.

Attorney(s) appearing for the Case

Emilcar Bermudez, pro se.

Robert Abrams, Atty. Gen., State of N.Y. by George C. Perry, Asst. Atty. Gen., New York City, for respondents.

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 years1 of a five to ten year sentence. Despite conflicting authority as to whether default judgments may be entered in habeas actions, we have...

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