Dator v. McFadden

Petitioner: James R Dator
Respondent: Joseph McFadden
Case Number: 1:2015cv01698
Filed: April 20, 2015
Court: US District Court for the District of South Carolina
Office: Aiken Office
County: Dorchester
Presiding Judge: Shiva V Hodges
Presiding Judge: Margaret B Seymour
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 21, 2017 Filing 61 ORDER finding that Petitioner's 54 Notice of Appeal should be construed as including a motion for extension of time. Accordingly, Petitioner's motion for extension of time, as construed, with a nunc pro tunc date of October 11, 2016, is granted. Signed by Honorable Margaret B. Seymour on 3/21/2017. (bgoo) Modified on 3/22/2017 to correct filing date. (bgoo)
September 1, 2016 Filing 50 ORDER adopting 47 Report and Recommendation; granting Respondent's 18 Motion for Summary Judgment; and dismissing the Petition with prejudice. Signed by Honorable Margaret B Seymour on 9/1/2016. (mwal)
July 28, 2016 Filing 46 ORDER denying 44 MOTION to Appoint Counsel. The court does not anticipate the need for an evidentiary hearing, as the case will likely be resolved on the basis of the state court record. Signed by Magistrate Judge Shiva V Hodges on 7/28/2016. (mwal)
January 5, 2016 Filing 31 ORDER directing Petitioner to advise the court whether he wishes to continue with this case and to file a response to Respondent's 18 MOTION for Summary Judgment by January 19, 2016. Petitioner is further advised that no further extensions will be granted and if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on 1/5/2016. (mwal)
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Petitioner: James R Dator
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Respondent: Joseph McFadden
Represented By: Donald John Zelenka
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