Gregg v. United States
- Katherine Menendez
- 0:20-cv-00433
- U.S. District Court · District of Minnesota
- 3
In Gregg v. United States, Judge Leung denied Gregg’s default request, granted the United States’ extension, and ordered a response to Gregg’s confinement petition.
James Allen Gregg’s petition remains pending, and the United States was given until August 16, 2021, to file its answer. The order did not determine whether Gregg is entitled to habeas relief.
What happened
In Gregg v. United States, the court considered motions filed after the Supreme Court decided Borden v. United States. The United States had been ordered to respond to Gregg’s petition challenging his confinement within 30 days but missed that deadline.
Gregg asked the court to find the United States in default. The United States acknowledged the missed deadline, apologized, and requested until August 16, 2021, to file its response. The court explained that missing the response deadline did not entitle Gregg to a ruling granting his petition.
The court denied Gregg’s motion, granted the United States’ request for more time, and ordered the United States to file its response by August 16, 2021. Judge Tony N. Leung signed the order, which did not decide whether Gregg should ultimately receive relief.
The detailed version
- Gregg v. United States · No. 0:20-cv-00433
- Katherine Menendez
- Aug. 4, 2021
Background
The case was stayed under the court’s April 3, 2020 order while the Supreme Court considered Borden v. United States. That earlier order required the United States to answer James Allen Gregg’s petition for a writ of habeas corpus—a petition asking the court to review the lawfulness or duration of his confinement—within 30 days after the Supreme Court’s decision. The Supreme Court issued its Borden decision on June 10, 2021, making the answer due by July 12, 2021.
The United States did not file its answer by that date. Gregg then filed a motion that essentially sought a finding of default. The United States later moved for an extension, stating that it had inadvertently missed the deadline, apologizing for the oversight, and requesting until August 16, 2021, to file its answer.
Court’s Analysis
The court agreed that the United States had not responded on time. It nevertheless held that a late response does not make default judgment or issuance of the requested writ appropriate in this type of petition. The order therefore addressed the missed deadline and the requested extension; it did not decide the merits of Gregg’s confinement claims.
Ruling
The court denied Gregg’s motion, ECF No. 10. It granted the United States’ motion for an extension, ECF No. 11, and directed the United States to file an answer by August 16, 2021. The answer had to include materials establishing the lawfulness and correct duration of Gregg’s incarceration, a reasoned explanation of the United States’ legal position—including its view on whether relief remained available under 28 U.S.C. § 2255—and a recommendation about whether an evidentiary hearing should occur.
If Gregg intended to reply, the order required him to do so within 30 days after the answer was filed. The order stated that no further submissions would be permitted afterward unless authorized by the court. It also listed possible consequences for noncompliance, including costs, fines, attorney fees, waiver of objections, limits on evidence, striking pleadings, dismissal with prejudice, or default judgment. Judge Tony N. Leung signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.