March v. Stevenson
||Eric D March
||November 16, 2015
||US District Court for the District of South Carolina
||J Michelle Childs
||Kaymani D West
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|March 17, 2017
ORDER RULING ON REPORT AND RECOMMENDATION: The court ACCEPTS the Report and Recommendation (ECF No. 57 ). Accordingly, for the reasons articulated by the Magistrate Judge, this court GRANTS Respondent's Amended Motion for Summary Judgment (ECF No. 50 ) and DENIES the Petition (ECF No. 1 ). The legal standard for issuance of a certificate of appealability has not been met. IT IS SO ORDERED. Signed by Honorable J Michelle Childs on 3/17/2017. (mcot, )
|November 17, 2016
ORDER: Respondent's Motion to Separate (ECF No. 42 ) is GRANTED; Petitioner's Motion to Stay (ECF No. 25 ) is GRANTED IN PART to the extent Petitioner seeks to withdraw his claims related to his Lexington County co nviction and DENIED IN PART to the extent Petitioner seeks a stay in the proceedings related to this Richland County conviction; Respondent's Motion to Amend/Correct his Return (ECF No. 43 ) is GRANTED IN PART to the extent that the court will dismiss without prejudice all of Petitioner's claims related to his Lexington County conviction and permit Respondent to amend his Return and his Memorandum of Law in Support of Summary Judgment to omit arguments concerning Petitioner's Lex ington County conviction and DENIED IN PART to the extent Respondent requests the court not dismiss certain claims related to Petitioner's Lexington County conviction and to permit a corresponding amendment to Respondent's Return and Memora ndum of Law in Support of Summary Judgment.The claims in Petitioner's Petition (ECF No. 1 ) concerning Petitioner's Lexington County conviction are DISMISSED WITHOUT PREJUDICE. Petitioner may refile such claims in a separate petition fo r writ of habeas corpus once Petitioner has completely exhausted his state remedies concerning that conviction.In the interests of justice and in light of Petitioner's status as a prisoner proceeding pro se, it is further ORDERED that Pet itioner has until December 12, 2016, to file a Supplemental Response to Respondent's Return and Motion for Summary Judgment (ECF Nos. 19 - 20 .) In his Response, Petitioner may more thoroughly address all of Respondent's arguments p ertaining to his Richland Count conviction. Should Petitioner fail to file a Supplemental Response by December 16, 2016, the Magistrate Judge to whom this matter has been referred shall issue a Report and Recommendation based on Petitioner's exi sting Responses. No extensions of filing deadlines will be granted.The legal standard for the issuance of a certificate of appealability has not been met.IT IS SO ORDERED. Signed by Honorable J Michelle Childs on 11/17/2016. (mcot, )
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