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, )

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