Moore v. Stirling et al

Petitioner: Richard Bernard Moore
Respondent: Bryan P Stirling and Joseph McFadden
Case Number: 4:2014cv04691
Filed: December 12, 2014
Court: South Carolina District Court
Office: Florence Office
County: Spartanburg
Presiding Judge: Mary G Lewis
Referring Judge: Thomas E Rogers
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
May 10, 2018 155 Opinion or Order of the Court ORDER denying 152 Motion to Alter Judgment. Petitioner's request for a certificate of appealability is also DENIED. Signed by Honorable Mary Geiger Lewis on 05/10/2018.(dsto, )
March 21, 2018 149 Opinion or Order of the Court ORDER RULING ON REPORT AND RECOMMENDATION: The Court overrules Petitioner's objections, adopts the Report, and incorporates it within. Accordingly, Respondents' motion to strike, ECF No. 106 , is GRANTED IN PART, and DENIED IN PART, to allow the Court to consider the Miller and Petty affidavits. Respondents' motion for summary judgment, ECF No. 57 , is GRANTED, and Petitioner's petition for writ of habeas corpus, ECF No. 43 , is DENIED.Petitioner's motion for a hearing, ECF No. 96 , and motion to stay proceedings, ECF No. 117 , are DENIED.IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 03/21/2018. (dsto, )
June 23, 2017 93 Opinion or Order of the Court Scheduling Order: Petitioner shall file a response to Respondents' motion for summary judgment by August 11, 2017. Respondents shall file a reply to any response no later than 21 days after the response is filed. Signed by Magistrate Judge Thomas E Rogers, III on 06/23/2017. (dsto, )
January 13, 2016 67 Opinion or Order of the Court ORDER granting 58 Motion to Stay. The parties are directed to file a joint status report with the Court every six (6) months, commencing on the date of this order, advising the Court of the status of the pending PCR appli cation. Counsel for Petitioner shall file a supplemental brief and motion to lift the stay within thirty (30) days after the decision of the Court of Common Pleas in Petitioner's pending PCR action becomes final. Counsel for Respondent may file a response fourteen (14) days after the filing of Petitioner's supplemental brief. Signed by Magistrate Judge Thomas E. Rogers, III on 1/13/2016. (hcic, )
December 16, 2015 61 Opinion or Order of the Court ORDER: The court hereby directs Respondents' counsel to file an unredacted copy of the state court appendix under seal within 10 days of this order. Signed by Magistrate Judge Thomas E Rogers, III on 12/16/2015. (dsto, )
August 21, 2015 46 Opinion or Order of the Court ORDER: Respondents shall file an Answer or other response to the Petition 43 as soon as reasonably possible, but no later than fifty (50) days from the entry of this Order. Respondents shall file all dispositive motions no l ater than forty-five (45) days after the Answer is filed. With respect to dispositive motions by Respondents, this Order shall serve as a scheduling order. The undersigned will establish a subsequent briefing schedule after Respondents have answered or filed a dispositive motion. Signed by Magistrate Judge Thomas E Rogers, III on 08/21/2015. (dsto, )
January 13, 2015 24 Opinion or Order of the Court ORDER appointing Lindsay S. Vann as second chair counsel. Ms. Vann shall comply with the instructions in the courts order appointing Mr. Adams regarding voucher and budget submission, except that Petitioners counsel shall have until January 23, 2015, to submit their confidential proposed litigation budget. Signed by Honorable Mary G Lewis on 1/13/2015. (mcot, )
December 17, 2014 19 Opinion or Order of the Court ORDER: Counsel for Petitioner and/or Ms. Vann, shall within five (5) days of the date of this order, submit a brief and/or other documentation explaining if and why it is appropriate to appoint Ms. Vann pursuant to Section VII of the CJA Plan for the District of South Carolina, or otherwise. Signed by Magistrate Judge Thomas E Rogers, III on 12/17/2014. (dsto, )

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Petitioner: Richard Bernard Moore
Represented By: Christopher W Adams
Represented By: Lindsey Sterling Vann
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Respondent: Bryan P Stirling
Represented By: William Edgar Salter, III
Represented By: Donald John Zelenka
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Respondent: Joseph McFadden
Represented By: William Edgar Salter, III
Represented By: Donald John Zelenka
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