United States District Court, Southern District of Indiana, Terre Haute Division
May 5, 2014
ABDULLAH ALKHALIDI, Petitioner,
MARK LEVENHAGEN, Respondent.
ORDER TO SHOW CAUSE
Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana
As of May 5, 2014, the respondent has failed to file a return to the order to show cause. The deadline (following three enlargements of time) was April 25, 2014. Under these circumstances the Seventh Circuit has held that it is appropriate for the district court to censure the staff of the Indiana Attorney General or to refuse to consider the tardy return. See U.S. ex rel. Mattox v. Scott, 507 F.2d 919, 924 (7th Cir. 1974); see also Lemons v. O'Sullivan, 54 F.3d 357, 364-65 (7th Cir. 1995) (default judgment is disfavored in habeas corpus cases). Accordingly, counsel for respondent shall have through May 28, 2014, in which to show cause why the Court should not address the merits of the petition sua sponte and/or impose sanctions on respondent’s counsel. See Warner v. Parke, 1996 WL 495040, *2 (7th Cir. 1996).
In addition, the Clerk is directed to email a copy of this Entry to David Steiner and Stephen Creason who appear from the Attorney General’s website to have supervisory responsibility for habeas corpus actions. These individuals are invited to answer this order to show cause and to audit the habeas caseload.
IT IS SO ORDERED.