Murphy v. Fulwood

Filing 13

ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Signed by Magistrate Judge Paige J Gossett on 10/6/2011. (jpet, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Thomas Murphy, ) C/A No. 0:11-01723-RBH-PJG ) Petitioner, ) ) vs. ) ) Isaac Fulwood, Chairman US Parole Commission; ) ORDER Mary Mitchell, Warden, ) ) Respondents. ) ___________________________________________ This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner is a prisoner. Therefore, in the event that a limitations issue arises, Petitioner shall have the benefit of the holding in Houston v. Lack, 487 U.S. 266 (1988) (prisoner's pleading was filed at the moment of delivery to prison authorities for forwarding to District Court). Under Local Civil Rule 73.02(B)(2) of the United States District Court for the District of South Carolina, pretrial proceedings in this action have been referred to the assigned United States Magistrate Judge. By Order issued on August 19, 2011, Petitioner was given a specific time frame in which to bring this case into proper form. Petitioner has complied with the Court’s Order, and this case is now in proper form. TO THE CLERK OF COURT: The Clerk of Court shall not serve the § 2241 Petition upon Respondents because the Petition is subject to dismissal. IT IS SO ORDERED. _________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE October 6, 2011 Columbia, South Carolina Page 1 of 1

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