Respondents failed to respond within time period for a habeas corpus (2241) filing. What options do I have?
Washington, DC -
Currently incarcerated individual. I posted about this a while ago, but had deleted the post shortly after. That post was seeking an answer to how long it would take for the judge to respond to the initial filing, which was against the rules of the subreddit (apologies).
https://www.reddit.com/r/legaladvice/comments/dz2j86/timeline_for_2241_habeas_corpus/
I filed a *habeas corpus* petition under [28 USC § 2241]. The judge took about two weeks to issue an "Order to Show Cause". He also ordered the US Marshals to effect service. He gave the respondents thirty (30) days to respond from the day of his Order. The 30 days have passed, almost a week ago, and they have not filed anything. No counsel has appeared for the respondents.
• What are my options?
• Can I file for default?
• I've read that Default Judgment is inappropriate for *habeas corpus* filings, is that accurate?
• Is the judge obligated to rule after that time period he set forth, or can he arbitrarily wait for the respondents to file something?
I cannot afford a private attorney and cannot find a legal aid society in my area which deals with these sort of filings (I contacted about three). I do not believe that I am entitled to an attorney by the court, though I may be wrong.
Thank you for any assistance you can provide!
Originally posted on Reddit. Browse posts from 2020.