Sumter v. Wilson
||Warden Lieber Correctional Institution
||March 7, 2016
||US District Court for the District of South Carolina
||Thomas E Rogers
||Henry M Herlong
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|February 16, 2017
ORDER: After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Rogers' Report and Recommendation and incorporates it herein. Based on the foregoing, the co urt grants Respondent's motion for summary judgment and dismisses Sumter's habeas petition with prejudice. It is therefore ORDERED that Sumter's motion for relief from judgment, docket number 48 , is granted. It is further ORDERED that the previous order adopting the Report and Recommendation and dismissing the case, dated January 5, 2017, docket number 41 , is vacated. It is further ORDERED that the previous order denying Sumter's motion to alter or amend the judgment , dated January 17, 2017, docket number 45 , is vacated. It is further ORDERED that Respondent's motion for summary judgment, docket number 24 , is granted and Sumter's habeas petition is dismissed with prejudice. It is further ORDERED th at a certificate of appealability is denied because Sumter has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). IT IS SO ORDERED. Signed by the Honorable Henry M. Herlong, Jr on 2/16/2017. (hcic, )
|January 17, 2017
ORDER: Based on the foregoing, the court finds that Sumter has made no showing of error in the court's January 5, 2017 Order. Therefore,It is therefore ORDERED that Sumter's motion to alter or amend the judgment, docket number 44 , is denied. Signed by Honorable Henry M Herlong, Jr on 01/17/2017. (dsto, )
|January 5, 2017
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts Magistrate Judge Rogers' Report and Recommendation 36 and incorporates it herein. It is therefore ORDERED that Respondent's motion for summary judgment, docket number 24 , is granted and the petition, docket number 1 , is dismissed without an evidentiary hearing. It is further ORDERED that a certificate of appealability is denied. Signed by Honorable Henry M Herlong, Jr. on 01/05/2017. (dsto, )
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