Asar v. Barnes
| Difankh Asar |
| N Barnes |
| 6:2021cv02282 |
| July 26, 2021 |
| US District Court for the District of South Carolina |
| Henry M Herlong |
| Kevin McDonald |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 21 ***DOCUMENT MAILED 20 Order, #11 MOTION for Summary Judgment placed in U.S. Mail from Greenville Clerks Office to Difankh Asar 20694-171 Bennettsville Federal Correctional Institution Inmate Mail/Parcels PO Box 52020 Bennettsville, SC 29512 (kric, ) |
Filing 20
TEXT ORDER: On September 9, 2021, the respondent filed a motion for summary judgment (doc. 11), and, on September 10, 2021, an order was issued pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising the petitioner of the motion for summary judgment procedure and the possible consequences if he failed to respond adequately (doc. 15). In a document filed today, the petitioner states that he received the Roseboro order, but he has not received the respondent's motion (doc. 18 at 1). The respondent's certificate of service indicates that the motion was mailed to the petitioner on September 13, 2021 (doc. 12). In an abundance of caution, the Clerk of Court is direct to mail the petitioner a copy of the respondent's motion for summary judgment and attachments (doc. 11). The petitioner's current deadline for responding to the motion for summary judgment is October 12, 2021. Given the delay in the petitioner receiving the respondent's motion, the deadline for the petitioner to respond to the motion for summary judgment is hereby extended until October 26, 2021. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 9/23/2021. (kric, )
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| Filing 18 RESPONSE in Opposition re #11 MOTION for Summary Judgment Response filed by Difankh Asar.Reply to Response to Motion due by 9/30/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 cover letter, #2 Envelope)(kric, ) |
| Filing 16 ***DOCUMENT MAILED #15 Roseboro Order, placed in U.S. Mail from Greenville Clerks Office to Difankh Asar 20694-171 Bennettsville Federal Correctional Institution Inmate Mail/Parcels PO Box 52020 Bennettsville, SC 29512 (kric, ) |
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Filing 15
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #11 MOTION for Summary Judgment Response to Motion due by 10/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kevin McDonald on 9/10/2021. (kric, )
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| Filing 13 RESPONSE in Opposition re #10 MOTION for Summary Judgment Response filed by N Barnes.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (de Holl, Andrew) |
| Filing 12 CERTIFICATE OF SERVICE by N Barnes re #11 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment (de Holl, Andrew) |
| Filing 11 MOTION for Summary Judgment by N Barnes. Response to Motion due by 9/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 Carter Declaration with Attachments)No proposed order.Motions referred to Kevin McDonald.(de Holl, Andrew) |
| Filing 10 MOTION for Summary Judgment by Difankh Asar. Response to Motion due by 9/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope Administrative Remedy Appeal documents, #2 cover letter, #3 Envelope)No proposed order.Motions referred to Kevin McDonald.(kric, ) |
| Filing 9 Mail Returned as Undeliverable. Addressee: Difankh Asar. Document Returned: #5 Order 2241 Federal Habeas. Re-mailed to petitioner with inmate number included. (kric, ) |
| Filing 8 CERTIFIED MAIL RECEIPT re #5 Order 2241 Federal Habeas, served on US Attorney General on 7/30/2021. (kric, ) |
| Filing 7 ***DOCUMENT MAILED #5 Order 2241 Federal Habeas, placed in U.S. Mail from Greenville Clerks Office to Difankh Asar Bennettsville Federal Correctional Institution Inmate Mail/Parcels PO Box 52020 Bennettsville, SC 29512. Sent certified mail to US Attorney General #9414711899561877924699 (kric, ) |
| Filing 6 NOTICE of Appearance by Andrew Robert de Holl on behalf of N Barnes (de Holl, Andrew) |
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Filing 5
ORDER authorizing service of process by clerk. Apprising the respondent of deadline for filing dispositive motions and directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kevin McDonald on 7/27/2021. (Attachments: #1 Petition)(kric, )
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| Filing 2 TRUE DIVISION FOR TRIAL: Florence. (kric, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 Receipt number SCX300094611.), filed by Difankh Asar. (Attachments: #1 Memo in Support, #2 Attachment A Receipt Administrative Remedy March 17, 2020, #3 Attachment B Inmate Requests to Staff, #4 Attachment C Rejection Notice Administrative Remedy June 4, 2020, #5 Administrtive Remedy documents May 27, 2021, #6 Cover Letter, #7 Envelope)(kric, ) |
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| Petitioner: Difankh Asar | |
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| Respondent: N Barnes | |
| Represented By: | Andrew Robert de Holl |
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