Mangal v. Warden Perry Correctional Institution

Justia Dockets & Filings Fourth Circuit South Carolina District Court Mangal v. Warden Perry Correctional Institution

Mangal v. Warden Perry Correctional Institution

Petitioner:	Farid Ahmad Mangal
Respondent:	Warden Perry Correctional Institution
Case Number:	6:2018cv00106
Filed:	January 11, 2018
Court:	US District Court for the District of South Carolina
Office:	Greenville Office
County:	Spartanburg
Presiding Judge:	R Bryan Harwell
Presiding Judge:	Kevin McDonald
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
January 3, 2020	Filing 100 ORDER RULING ON REPORT AND RECOMMENDATION 99 . The Court ADOPTS the Magistrate Judges R & R [ECF No. 99], DENIES Respondents motion forsummary judgment [ECF No. 21] as to the improper bolstering claims raised in Ground Two of Petitioners § 2254 petition, and GRANTS Petitioners § 2254 petition as to the improper bolstering claims. Pursuant to 28 U.S.C. §§ 2243 and 2254, the Court VACATES Petitioners March 16, 2007 convictions for criminal sexual conduct with a minor in the first degree, criminal sexual conduct with a minor in the second degree (two counts), lewd act upon a child, and incest. The Court ORDERS that Petitioner be released from custody unless the State of South Carolina retries him within 120 days of the date of this Order. Signed by Chief Judge R Bryan Harwell on 1/3/2020. (kric, )
April 8, 2019	Filing 65 ORDER RULING ON REPORT AND RECOMMENDATION. The Court GRANTS Respondents motion for summary judgment [ECF No. 21] with respect to Ground One and the expert qualification issue raised in Ground Two, and DENIES a certificat e of appealability as to these issues. The Court REJECTS the R & R as to the analysis of Petitioners improper bolstering claims raised in Ground Two, HOLDS IN ABEYANCE its ruling on these claims, and RECOMMITS this matter to the Magistrate Judge. The Magistrate Judge should appoint counsel for Petitioner to assist with the above matters. Signed by Chief Judge R Bryan Harwell on 4/8/2019. (kric, )

Date Filed

Document Text

January 3, 2020

Filing 100 ORDER RULING ON REPORT AND RECOMMENDATION 99 . The Court ADOPTS the Magistrate Judges R & R [ECF No. 99], DENIES Respondents motion forsummary judgment [ECF No. 21] as to the improper bolstering claims raised in Ground Two of Petitioners § 2254 petition, and GRANTS Petitioners § 2254 petition as to the improper bolstering claims. Pursuant to 28 U.S.C. §§ 2243 and 2254, the Court VACATES Petitioners March 16, 2007 convictions for criminal sexual conduct with a minor in the first degree, criminal sexual conduct with a minor in the second degree (two counts), lewd act upon a child, and incest. The Court ORDERS that Petitioner be released from custody unless the State of South Carolina retries him within 120 days of the date of this Order. Signed by Chief Judge R Bryan Harwell on 1/3/2020. (kric, )

April 8, 2019

Filing 65 ORDER RULING ON REPORT AND RECOMMENDATION. The Court GRANTS Respondents motion for summary judgment [ECF No. 21] with respect to Ground One and the expert qualification issue raised in Ground Two, and DENIES a certificat e of appealability as to these issues. The Court REJECTS the R & R as to the analysis of Petitioners improper bolstering claims raised in Ground Two, HOLDS IN ABEYANCE its ruling on these claims, and RECOMMITS this matter to the Magistrate Judge. The Magistrate Judge should appoint counsel for Petitioner to assist with the above matters. Signed by Chief Judge R Bryan Harwell on 4/8/2019. (kric, )

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Petitioner: Farid Ahmad Mangal
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Respondent: Warden Perry Correctional Institution
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