Torres v. Stirling et al
| Andres Antonio Torres |
| Bryan P. Stirling, Kenneth Nelson and Lydell Chestnut |
| 6:2023cv04659 |
| September 15, 2023 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Kevin McDonald |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. § 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 Additional Attachments to Main Document #24 Additional Attachments to Main Document,,,,,,,,. First attachment description: Notice of Filing State Court Records (Four of Four) . (Attachments: #1 State Court Documents Petition for Rehearing, Received December 21, 2010, #2 State Court Documents Order Denying Petition for Rehearing, Dated January 6, 2011, #3 State Court Documents Remittitur, Dated January 6, 2011, #4 State Court Documents Motion for Stay of Execution and for Appointment of a Post Conviction Relief Judge, Dated January 12, 2011, #5 State Court Documents Return to Motion for Stay of Execution and for Appointment of Post Conviction Relief Judge, Dated January 21, 2011, #6 State Court Documents Order Granting Stay of Execution and Appointing Post Conviction Relief Judge, Dated February 17, 2021)(Brown, Melody) |
| Filing 26 Additional Attachments to Main Document #24 Additional Attachments to Main Document,,,,,,,,. First attachment description: Notice of Filing State Court Records (Three of Four) . (Attachments: #1 State Court Documents Notice of Appeal, Received June 3, 2020, #2 State Court Documents Petition for Writ of Certiorari, Received April 5, 2021, #3 State Court Documents Return to Petition for Writ of Certiorari, Received September 8, 2021, #4 State Court Documents Reply to Return to Petition for Writ of Certiorari, Received October 28, 2021, #5 State Court Documents Order Denying Certiorari, Dated June 27, 2023, #6 State Court Documents Petition for Rehearing, Received July 11, 2023, #7 State Court Documents Order Denying Petition for Rehearing, Filed August 10, 2023, #8 State Court Documents Remittitur, Filed August 11, 202)(Brown, Melody) |
| Filing 25 Additional Attachments to Main Document #24 Additional Attachments to Main Document,,,,,,,,. First attachment description: Notice of Filing State Court Records (Two of Four) . (Attachments: #1 State Court Documents Spartanburg Public Index, #2 State Court Documents Motion to Amend Application, Filed July 6, 2012, #3 State Court Documents Return and Memorandum of Law in Support of Motion to Dismiss, Filed August 8, 2012, #4 State Court Documents Applicant's Motion to Amend the Application for Post Conviction Relief, Filed April 7, 2014, #5 State Court Documents Applicant's Memorandum in Support of Motion to Amend Application for Post Conviction Relief, Filed April 7, 2014, #6 State Court Documents Second Amended Application for Post Conviction Relief, Filed April 7, 2014, #7 State Court Documents Return to Applicant's Motion for Summary Judgment and Corrected Memorandum of Law in Support of Motion for Summary Judgment, Filed April 11, 2014, #8 State Court Documents Response to Applicant's Memorandum in Support of Application for Post Conviction Relief Concerning Third Party Guilt, Filed April 14, 2014, #9 State Court Documents Response to Applicant's Motion to Amend the Application for Post Conviction Relief, Filed April 14, 2014, #10 State Court Documents Corrected Memorandum in Support of Application for Post Conviction Relief, Filed April 28, 2014, #11 State Court Documents Memorandum Regarding Respondent's Request to Contact Merlin Butler, M.D., Filed June 13, 2014, #12 State Court Documents Applicant's Post Merits Hearing Brief, Filed December 21, 2025, #13 State Court Documents Applicant's Amended Post Merits Hearing Brief, Filed December 30, 2015, #14 State Court Documents State's Post Hearing Brief, Filed February 25, 2016, #15 State Court Documents Form 4, Filed December 9, 2019)(Brown, Melody) |
| Filing 24 Notice of Filing State Court Records per #13 (One of Four). (Attachments: #1 State Court Documents Appendix volume 1 pages 1-500, #2 State Court Documents Appendix volume 2 pages 501-1000, #3 State Court Documents Appendix volume 3 pages 1001-1500, #4 State Court Documents Appendix volume 4 pages 1501-2000, #5 State Court Documents Appendix volume 5 pages 2001-2500, #6 State Court Documents Appendix volume 6 pages 2501-2951, #7 State Court Documents Appendix volume 6 pages 2952-3000, #8 State Court Documents Appendix volume 7 pages 3001-3289, #9 State Court Documents Appendix volume 7 pages 3290-3500, #10 State Court Documents Appendix volume 8 pages 3501-3788, #11 State Court Documents Appendix volume 8 pages 3789-4000, #12 State Court Documents Appendix volume 9 pages 4001-4306, #13 State Court Documents Appendix volume 9 pages 4307-4500, #14 State Court Documents Appendix volume 10 pages 4501-4548, #15 State Court Documents Appendix volume 10 pages 4549-4601, #16 State Court Documents Appendix volume 10 pages 4602-4712, #17 State Court Documents Appendix volume 10 pages 4713-4784, #18 State Court Documents Appendix volume 10 pages 4785-4808, #19 State Court Documents Appendix volume 10 pages 4809-4840, #20 State Court Documents Appendix volume 10 pages 4841-4871, #21 State Court Documents Appendix volume 10 pages 4872-4904, #22 State Court Documents Appendix volume 10 pages 4905-4939, #23 State Court Documents Appendix volume 10 pages 4940-5000, #24 State Court Documents Appendix volume 11 pages 5001-5060, #25 State Court Documents Appendix volume 11 pages 5061-5101, #26 State Court Documents Appendix volume 11 pages 5102-5136, #27 State Court Documents Appendix volume 11 pages 5137-5373, #28 State Court Documents Appendix volume 11 pages 5374-5378, #29 State Court Documents Supplemental Appendix)(Brown, Melody) Modified on 10/25/2023 to correct description (pbri, ). See additional entries #25 , #26 , #27 for complete record. |
| Filing 21 Minute Entry. Proceedings held before Magistrate Judge Kevin F. McDonald in chambers: Ex Parte Informal Telephone Status Conference held on 9/19/23 on the petitioner's counsel's 15 ex parte motion. Counsel to supplement the motion by the end of the week if they wish to do so. Court Reporter N/A.Tape N/A. (pbri, ) |
| Filing 18 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case Number 6-23-mc-571-BHH-KFM. New case number is 6-23-cv-4659-BHH-KFM. Please make a note of this for all future filings. (kmca) |
Filing 16
ORDER GRANTING #1 Motion for STAY OF EXECUTION and stays Petitioner's execution until December 4, 2023. The Court further orders that the Clerk of Court assign a civil action number to this case and that this matter remain referred to the assigned United States Magistrate Judge for all other preliminary proceedings. Signed by Honorable Bruce Howe Hendricks on 9/15/23. (kmca)
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Filing 13
ORDER GRANTING #1 motion to appoint counsel and GRANTING #4 motion for leave to proceed in forma pauperis. Further details and deadlines set forth in order. Signed by Magistrate Judge Kevin McDonald on 9/5/23.(pbri, )
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| Filing 11 REPLY to Response to Motion re #1 AEDPA's Statute of Limitations Response filed by Andres Antonio Torres. (Norris, Teresa) |
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Filing 10
TEXT ORDER. Petitioner is ordered to reply to Respondents' response (doc. 9) and clarify whether there is any disagreement among the parties as to the date on which AEDPA's one-year statute of limitations period will expire. See 28 U.S.C. 2244(d). Signed by Magistrate Judge Kevin McDonald on 8/25/23. (pbri, )
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| Filing 9 RESPONSE to Motion re #1 Response filed by Kenneth Nelson, Bryan P. Stirling.Reply to Response to Motion due by 8/31/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 State Court Documents PCR Remittitur)(Brown, Melody) |
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Filing 8
***DOCUMENT E-MAILED #1 to King, Gerald (FD) |
| Filing 6 Case Reassigned to Honorable Bruce Howe Hendricks. Honorable Timothy M Cain no longer assigned to the case. (bshr, ) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Andres Antonio Torres. Response to Motion due by 8/24/2023. 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 Financial form, #2 Certificate of Service)No proposed order.Motions referred to Kevin McDonald.(pbri, ) |
| Filing 1 MOTION for Stay of Execution and MOTION to appoint counsel, filed by Andres Antonio Torres. (Attachments: #1 Exhibit order denying petition, #2 exhibit order denying rehearing, #3 Certificate of Service)(pbri, ) (All documents replaced on 8/11/2023 to delete double header, no other changes noted.) (pbri, ) Modified on 8/15/2023 to include motion in heading; response to motion deadline 8/24/23. (pbri, ) |
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