Oxendine v. Warden, Evans Correctional Institution
| Steven Wayne Oxendine |
| Warden, Evans Correctional Institution |
| 2:2024cv03995 |
| July 18, 2024 |
| US District Court for the District of South Carolina |
| Sherri A Lydon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 10 ***DOCUMENT MAILED #8 Order - Habeas-Service-No Answer, #9 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Steven Wayne Oxendine placed in U.S. Mail from Charleston Clerk's Office to Steven Wayne Oxendine 383737 Evans Correctional Institution 610 SC-9 Bennettsville, SC 29512. (dgar) |
| Filing 9 REPORT AND RECOMMENDATION: The undersigned therefore RECOMMENDS that the Court DISMISS Oxendine's petition without requiring the Warden to respond and without further leave to amend. See Britt v. DeJoy, 45 F.4th 790, 798 (4th Cir. 2022); see also Workman v. Morrison Healthcare, 724 F. App'x. 280, 281 (4th Cir. June 4, 2018). Objections to R&R due by 9/24/2024. 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 Mary Gordon Baker on 9/10/2024. (dgar) |
Filing 8
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 Mary Gordon Baker on 9/10/2024. (Attachments: #1 Petition)(dgar) (Additional attachment(s) added on 9/10/2024: #2 Report & Recommendation) (dgar, ).
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| Filing 7 Mail Returned as Undeliverable. Addressee: Steven W. Oxendine. Document Returned: #4 Proper Form Order, Terminate Motions. (dgar) |
| Filing 5 ***DOCUMENT MAILED #4 Proper Form Order, a blank 2254 petition, Terminate Motions, Placed in U.S. Mail from Charleston Clerk's Office to Steven Wayne Oxendine 383737 Evans Correctional Institution 610 SC-9 Bennettsville, SC 29512. (dgar) |
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Filing 4
ORDER: the undersigned recognizes that Petitioner may have misstated his argument here and therefore GRANTS him, in an abundance of caution, twenty-one days, plus three days for mail time, to file an amended petition that cures the pleading deficiencies described above. If Petitioner files an amended pleading, it will completely replace the original petition. Motion GRANTED: #2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Steven Wayne Oxendine. Signed by Magistrate Judge Mary Gordon Baker on 7/30/2024. (dgar)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Steven Wayne Oxendine. (Attachments: #1 Envelope)Motions referred to Mary Gordon Baker.(dgar) (Additional attachment(s) added on 7/18/2024: #2 Supporting Documents) (dgar, ). |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Steven Wayne Oxendine. (Attachments: #1 Envelope)(dgar) |
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| Petitioner: Steven Wayne Oxendine | |
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| Respondent: Warden, Evans Correctional Institution | |
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