Perry v. Lewis
| Tyrone Perry |
| Scott Lewis |
| 1:2019cv03364 |
| December 2, 2019 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Shiva V Hodges |
| Sherri A Lydon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 21 ***DOCUMENT MAILED #19 Order - Habeas-Service-No Answer and #20 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Tyrone Perry, 307793, Broad River Corr. Institute, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
| Filing 20 REPORT AND RECOMMENDATION recommending the district judge dismiss the #9 Amended Petition with prejudice and without requiring Respondent to file a return. Objections to R&R due by 2/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Shiva V. Hodges on 1/24/2020. (lbak) |
Filing 19
ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Shiva V. Hodges on 1/24/2020. (Attachments: #1 2254 Habeas Amended Petition) (lbak)
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| Filing 17 ***DOCUMENT MAILED 16 Case Reassigned placed in U.S. Mail from Columbia Clerks Office to Tyrone Perry, 307793, Broad River Corr. Institute, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
| Filing 16 Case Reassigned to Judge Sherri A Lydon. Judge Honorable Bruce Howe Hendricks no longer assigned to the case. (cwil, ) |
| Filing 15 ***DOCUMENT MAILED 14 Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Miscellaneous Relief placed in U.S. Mail from Columbia Clerks Office to Tyrone Perry, 307793, Broad River Corr. Institute, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
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Filing 14
TEXT ORDER granting #12 Motion for Extension of Time to File Response/Reply to ECF No. 10. Petitioner's response to #10 is now due by January 20, 2020. ORDER granting #13 Motion Clarification. For the reasons detailed in the undersigneds December 13, 2019 Order and Notice, it appears the court lacks subject matter jurisdiction to consider his petition under 28 U.S.C. 2254. However, out of an abundance of caution, Petitioner was provided another blank petition in the event he believes he may cure the defects in his amended petition. Signed by Magistrate Judge Shiva V. Hodges on 12/26/19. (vhor)
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| Filing 13 MOTION for Clarification by Tyrone Perry. Response to Motion due by 1/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (bgoo) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #10 Order by Tyrone Perry. Response to Motion due by 1/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (bgoo) |
| Filing 11 ***DOCUMENT MAILED #10 Order and blank 2254 petition placed in U.S. Mail from Columbia Clerks Office to Tyrone Perry, 307793, Broad River Corr. Institute, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
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Filing 10
ORDER AND NOTICE Petitioner may attempt to correct the defects in his #9 petition by filing an amended petition or a complaint by January 3, 2020, along with any appropriate service documents. Petitioner is reminded an amended petition or complaint replaces the original petition and should be complete in itself. If Petitioner fails to file an amended petition or complaint or fails to cure the deficiencies identified above, the undersigned will recommend to the district court that the claims be dismissed without leave for further amendment. (Specific Document due by 1/3/2020.) Signed by Magistrate Judge Shiva V. Hodges on 12/13/2019. (lbak)
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| Filing 9 Amended PETITION for Writ of Habeas Corpus, filed by Tyrone Perry. (Attachments: #1 Supporting Documents, #2 Envelope) (lbak) |
| Filing 6 ***DOCUMENTS MAILED #5 Proper Form Order and blank 2254 Habeas Petition placed in U.S. Mail from Columbia Clerks Office to Tyrone Perry, 307793, Broad River Corr. Institute, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
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Filing 5
PROPER FORM ORDER (Case to be brought into proper form by 12/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.) Motion granted: #2 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 12/3/2019. (lbak, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Tyrone Perry. Response to Motion due by 12/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Financial Certificate, #2 Inmate Trust Fund Accout Report, #3 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Tyrone Perry. (Attachments: #1 Supporting Documents, #2 Envelope) (lbak) |
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| Petitioner: Tyrone Perry | |
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| Respondent: Scott Lewis | |
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