King v. Stevenson

Filing 62

OPINION AND ORDER denying 61 Motion and directing the Clerk to docket Petitioner's motion as a Notice of Appeal. Signed by Honorable Cameron McGowan Currie on 7/1/2013.(jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Eugene King,

)
)
Petitioner,
)
)
v.
)
)
Robert M. Stevenson, III,
)
)
Respondent.
)
___________________________________ )

C/A NO. 0:12-949-CMC-PJG

OPINION and ORDER

This matter is before the court on Petitioner’s pro se “Motion Objection Order Deny
Certificate of Appealability.” ECF No. 61. On June 19, 2013, this court issued an Order and
Opinion adopting the Report and Recommendation of the Magistrate Judge, granting Respondent’s
motion for summary judgment, and denying a certificate of appealability. ECF No. 57.
To the extent Petitioner’s filing can be construed as a motion for reconsideration, it is denied
for the reasons noted in the Order and Opinion. The court determines that Petitioner likely seeks
review of its decision by a higher court. Accordingly, out of an abundance of caution, the Clerk is
directed to docket Petitioner’s “Motion Objection” as a Notice of Appeal to the Fourth Circuit Court
of Appeals and to forward the Notice to that court.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
July 1, 2013

1