Case Details

CourtDistrict of South Carolina
Docket number8:12-cv-01179-MGL-JDA
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause28:2254 Petition for Writ of Habeas Corpus (State)
Nature of suitHabeas Corpus (General)
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
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Short
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Long Description
1182013-09-21 ORDER Adopting 106 Report and Recommendation. Respondent's 50 Motion for Summary Judgment is GRANTED in part and DENIED in part, with leave to refile. The court further directs Respondent (1) to refile its motion fo r summary judgment with respect to the remaining eighteen issues enumerated by the Magistrate Judge and (2) to specifically address Petitioner's argument that PCR counsel's failure to file a Rule 59(e) motion in the PCR court establishes ca use for the procedural default on these grounds. Additionally, Respondent is directed to file Petitioner's lengthy attachment to his pro se PCR application as part of the refiled Motion for Summary Judgment. Finally, the parties are directed to address only the remaining eighteen issues in their supplemental filings. Also, the legal standard for the issuance of a certificate of appealability has not been met. Signed by Honorable Mary G Lewis on 9/20/13. (kmca)