Bryan v. Cartledge
T Terell Bryan |
L Cartledge |
5:2012cv03439 |
December 5, 2012 |
US District Court for the District of South Carolina |
Orangeburg Office |
McCormick |
Timothy M Cain |
Kaymani D West |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
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Filing 74 ORDER RULING ON REPORT AND RECOMMENDATION: the court adopts the Magistrate Judge's Report (ECF No. 49 ) and incorporates it herein. Therefore, Defendant's Motion to Dismiss (ECF No. 32 ) is GRANTED; and Plaintiff 039;s Motion for Leave to Proceed in forma pauperis (ECF No. 13 ) is RESCINDED, and Plaintiff shall have fifteen (15) days from the date of this order to pay the $350 filing fee. It is further ORDERED that, in the event the Plaintiff fai ls to timely pay the filing fee, the Complaint shall be DISMISSED without prejudice under the "three strikes" rule of 28 U.S.C. § 1915(g), and the Clerk shall enter final judgment. Additionally, Plaintiff's Motion to Amend (ECF No. 68 ) is DENIED. IT IS SO ORDERED. Signed by Honorable Timothy M Cain on 8/12/2013. (mcot, ) |
Filing 63 ORDER: Petitioner's appeals (ECF Nos. 41 and 60 ) are DISMISSED as untimely. Petitioner's Motion for Clarification (ECF No. 62 ) is DENIED. Finally, the court notes that Petitioner alleges that he was not serve d with the Defendant's Reply to Response to Motion re Motion to Dismiss Response (ECF No. 45 ). While it appears the Defendant properly served Petitioner with this filing (ECF No. 45 -1), out of an abundance of caution, the Clerk is directed to mail Petitioner a copy of Defendant's Reply. (ECF No. 45 ). Signed by Honorable Timothy M Cain on 7/16/2013.(mcot, ) |
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Petitioner: T Terell Bryan | |
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Respondent: L Cartledge | |
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