Phillips v. Broad River Correctional Institution
| Joshua Lee Phillips |
| South Carolina Department of Corrections and Warden of Broad River Correctional Institution |
| 1:2023cv03203 |
| July 5, 2023 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| Shiva V Hodges |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 ***DOCUMENT MAILED 12 Order on Motion for Leave to Proceed in forma pauperis, #13 Order and Notice, placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips 312606 Broad River Correctional Institution Saluda B-101 4460 Broad River Road Columbia, SC 29210. (apsn) |
Filing 13
ORDER AND NOTICE: Petitioner may attempt to correct the defects in his habeas petition by submitting a document by September 21, 2023, to this court providing facts concerning the issue of timeliness of this petition that would provide a basis for the application of equitable tolling and thereby potentially prevent dismissal based on the limitations bar. If Petitioner fails to submit such information or fails to provide a sufficient basis for the application of equitable tolling, the court will recommend to the district court that the case be dismissed. Signed by Magistrate Judge Shiva V. Hodges on 08/31/2023. (apsn)
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Filing 12
TEXT ORDER: Plaintiff applied to proceed in the District Court without prepaying fees or costs. [ECF No. 10]. Pursuant to 28 U.S.C. 1915, the court construes this application as a motion for leave to proceed in forma pauperis. See 28 U.S.C. 1915. A review of the motion reveals that Plaintiff should be relieved of the obligation to prepay the full filing fee. The motion for leave to proceed in forma pauperis is granted, subject to the court's right to require a payment if Plaintiff's financial condition changes, and to tax fees and costs against Plaintiff at the conclusion of this case if the court finds the case to be without merit. See Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir. 1981). Signed by Magistrate Judge Shiva V. Hodges on 8/31/23. (vhor)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Joshua Lee Phillips. Response to Motion due by 8/31/2023. 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 Cover Letter, #2 Financial Certificate, #3 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 9 ***DOCUMENT MAILED 8 Text Order on Motion for Extension of Time, placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, Saluda B-101, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
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Filing 8
TEXT ORDER granting #7 Motion for Extension of Time. The deadline for Plaintiff to respond to the court's proper form order is now August 15, 2023. Signed by Magistrate Judge Shiva V. Hodges on 7/31/23. (vhor)
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| Filing 7 MOTION for Extension of Time by Joshua Lee Phillips. Response to Motion due by 8/14/2023. 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. (lbak) |
| Filing 6 ***DOCUMENT MAILED #4 Proper Form Order, placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, Saluda B-101, 4460 Broad River Road, Columbia, SC 29210. (lbak) |
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Filing 4
PROPER FORM ORDER Case to be brought into proper form by 7/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Shiva V. Hodges on 7/6/2023. (lbak)
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| Filing 2 TRUE DIVISION FOR TRIAL: Florence. (lbak) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Joshua Lee Phillips. (Attachments: #1 Cover Letter, #2 Supporting Documents, #3 Envelope) (lbak) |
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