Stokes v. Byars

Petitioner: Sammie Louis Stokes
Respondent: Bryan P Stirling and Joseph McFadden
Case Number: 1:2016cv00845
Filed: March 9, 2016
Court: South Carolina District Court
Office: Aiken Office
County: Orangeburg
Presiding Judge: R Bryan Harwell
Referring Judge: Shiva V Hodges
Nature of Suit: Death Penalty
Cause of Action: 28:2254
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
November 8, 2017 177 Opinion or Order of the Court ORDER setting forth the procedure the court intends to utilize for the evidentary hearing. Signed by Magistrate Judge Shiva V Hodges on 11/8/2017. (mwal)
October 19, 2017 164 Opinion or Order of the Court ORDER denying 149 MOTION for Protective Order Concerning Discovery Issues filed by Sammie Louis Stokes. Signed by Magistrate Judge Shiva V Hodges on 10/19/2017. (mwal)
September 20, 2017 147 Opinion or Order of the Court TEXT ORDER granting 146 MOTION for Extension of Time filed by Sammie Louis Stokes. Signed by Magistrate Judge Shiva V Hodges on 9/20/2017. (mwal)
July 20, 2017 118 Opinion or Order of the Court ORDER: The United States Marshal for the District of South Carolina shall pay all fees for Petitioner's fact witnesses appearing pursuant to subpoena, including travel expenses, court reporter fees, and Petitioner's copy of deposition transcripts. Second, witness fees, travel expenses, court reporter fees, and transcript copy costs for any depositions noticed by Respondents shall be paid by the State of South Carolina. The State of South Carolina shall also pay for Respondents' transcript copy of any deposition noticed by Petitioner. Signed by Honorable R Bryan Harwell on 7/21/2017. (mwal)
June 29, 2017 116 Opinion or Order of the Court ORDER denying the request to hold Ground Eight in abeyance. Signed by Magistrate Judge Shiva V Hodges on 6/29/2017. (mwal)
June 27, 2017 113 Opinion or Order of the Court ORDER granting 112 Joint MOTION for Protective Order filed by Sammie Louis Stokes. Signed by Magistrate Judge Shiva V Hodges on 6/27/2017. (mwal)
March 24, 2017 98 Opinion or Order of the Court ORDER adopting and incorporating 87 Report and Recommendation; denying Petitioner's 76 Motion to Stay without prejudice to refiling in the event there are developments in Petitioner's pending state habeas corpus action warranting reconsideration of a stay in this federal case; and denying as moot Petitioner's 94 Motion to Stay the briefing schedule and hold in abeyance. Signed by Honorable R Bryan Harwell on 3/24/2017. (mwal)
January 24, 2017 86 Opinion or Order of the Court ORDER denying Petitioner's 76 MOTION to Stay and hold Federal Proceedings in Abeyance. The parties are instructed to continue with the briefing schedule set forth in the First Amended Scheduling Order, as modified by subsequent orders. [ECF Nos. 55, 85]. Signed by Magistrate Judge Shiva V Hodges on 1/24/2017. (mwal)
June 14, 2016 23 Opinion or Order of the Court ORDER accepting 22 Petition as filed; granting 21 Second MOTION to Stay; and requiring Respondents to file a response on or before Monday, June 20, 2016, to Petitioner's request that he be granted the remaining time under the statute of limitations, until December 23, 2016, in which to file an amended petition, before ordering Respondents to respond. Signed by Honorable R Bryan Harwell on 6/14/2016. (mwal)
March 16, 2016 8 Opinion or Order of the Court ORDER: Petitioner's 1 Motion for Stay of Execution is GRANTED; The stay shall expire ninety (90) from the date counsel is appointed pursuant to 28 U.S.C. § 2251(a)(3); Prior to the expiration of the ninety (90)-da y stay of execution, Petitioner is required to seek a longer stay of execution pursuant to 28 U.S.C. § 2251(a)(1) to file his habeas petition and to allow the court to rule on the merits of the petition; and the Clerk of Court shall assign a civ il action number to this case and shall notify the undersigned to review the stay of execution twenty (20) days prior to the expiration of the ninety (90) day stay of execution. This matter is referred to the assigned United States Magistrate Judge for preliminary proceedings Bryan P Stirling and Joseph McFadden added. William R Byars (Commissioner, South Carolina Department of Corrections) terminated. Signed by Honorable R Bryan Harwell on 3/16/2016. (mwal)

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Petitioner: Sammie Louis Stokes
Represented By: Diana L Holt
Represented By: Marta K Kahn
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Respondent: Bryan P Stirling
Represented By: Donald John Zelenka
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Respondent: Joseph McFadden
Represented By: Donald John Zelenka
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