Hayes v. South Carolina Dept Corr
| Favian A Hayes |
| Warden Lee Correctional Institution |
| 4:2014cv03778 |
| September 29, 2014 |
| US District Court for the District of South Carolina |
| Florence Office |
| Sumter |
| Richard M Gergel |
| Thomas E Rogers |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
43
JUDGMENT, by the clerk. This case is closed. (dsto, )
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Filing
41
FINAL ORDER RULING ON REPORT AND RECOMMENDATION: The Court issues this final order (1) ADOPTING the R & R of the Magistrate Judge (Dkt. No. 32 ) as the order of the Court; (2) GRANTING the writ of habeas corpus; and (3) DIRECT ING the restoration of Petitioner's direct appeal rights and appointment of counsel. This grant of the writ of habeas corpus does not affect Petitioner's current incarceration status during the pendency of the appeal. Signed by Honorable Richard M Gergel on 06/30/2015. (dsto, )
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Filing
35
ORDER RULING ON REPORT AND RECOMMENDATION: Out of respect for federal-state relations, the Court presents Respondent with the following options. The Respondent within 10 days of this Order, may grant Petitioner leave to file a belated appeal and appoint counsel to represent him in that appeal. If Petitioner's direct appeal rights are restored and counsel appointed, this Petition will be dismissed as moot. On the other hand, if restoration of direct appeal rights and appointment of counsel are not provided within 10 days of this Order, the Court hereby grants the petition for a writ of habeas corpus, orders that Petitioner's direct appeal rights be restored and directs the appointment of counsel to handle P etitioner's direct appeal. Petitioner's incarcerated status will not change during the pendency of the direct appeal. Respondent is to file a notice with the Court within the ten-day period provided herein regarding which option it wishes t o elect. The Court hereby adopts the R & R of the Magistrate Judge 32 as the order of the Court, except for the modification of the remedy as set forth above. Upon Respondent filing the required notice regarding which option it has elected, the Court will enter a final order in this matter. Signed by Honorable Richard M Gergel on 06/16/2015. (dsto, )
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| Plaintiff: Favian A Hayes | |
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| Respondent: Warden Lee Correctional Institution | |
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