Sumter v. Wilson
Petitioner: Eric Sumter
Respondent: Warden Lieber Correctional Institution
Case Number: 4:2016cv00739
Filed: March 7, 2016
Court: US District Court for the District of South Carolina
Office: Florence Office
County: Charleston
Presiding Judge: Thomas E Rogers
Referring Judge: Henry M Herlong
Nature of Suit: General
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
February 16, 2017 Opinion or Order Filing 50 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 Opinion or Order Filing 45 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 Opinion or Order Filing 41 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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Petitioner: Eric Sumter
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Respondent: Warden Lieber Correctional Institution
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