Emilcar Bermudez v. Theodore Reid, Superintendent, Fishkill Correctional Facility, and Robert Abrams, Attorney General of the State of New York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “default in habeas proceedings differs from default in other civil cases,” because “it would be not the defaulting party but the public at large that would be made to suffer” the consequences of granting a prisoner default judgment
• “[I]n civil cases, where a party fails to respond, after notice the court is ordinarily justified in entering a judgment against the defaulting party.”
• “[I]n civil cases, where a party fails to respond, after notice the court is ordinarily justified in entering a judgment against the defaulting party.”
• “[I]n civil cases, where a party fails to respond, after notice the court is ordinarily justified in entering a judgment against the defaulting party . . . .”
• “[I]n civil cases, where a party fails to 6 respond, after notice the court is ordinarily justified in entering a judgment against the defaulting party . . . .” (emphasis added)
• although state’s disregard of district court’s orders to respond to habeas corpus petition was inexcusable, default judgment granting petition was improper and district court should have reached merits of petitioner’s claim

Source: CourtListener parenthetical corpus (CC0).