English v. McCall

Filing 49

ORDER: The respondent appears to have failed to address Grounds Five, Six, and Seven, which are included as additions to English's Petition. (ECF No. 1 at 15.) The respondent shall have fourteen days in which to supplemen t his Return and Memorandum of Law to address Grounds Five, Six, and Seven. Further, English shall have thirty days from the date of the respondents supplement to file a supplemental response in opposition to summary judgment, if he so desires. (Supplement due by 10/23/2013.) Signed by Magistrate Judge Paige J Gossett on 10/9/2013. (abuc) Modified to edit text on 10/9/2013 (abuc).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Herbert English,

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Petitioner,
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vs.
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Michael McCall, Warden,
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Respondent.
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_____________________________________ )

C/A No. 0:12-2910-RMG-PJG

ORDER

Petitioner Herbert English (“English”), a self-represented state prisoner, filed this petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 4, 2013, the respondent filed
a motion for summary judgment. (ECF No. 23.) Pursuant to Roseboro v. Garrison, 528 F.2d 309
(4th Cir. 1975), English was advised of the summary judgment and dismissal procedures and the
possible consequences if he failed to respond adequately to the respondent’s motion. (ECF No. 25.)
English responded in opposition. (ECF No. 41.)
The respondent’s return and memorandum in support of summary judgment address four
grounds raised in English’s Petition. However, the respondent appears to have failed to address
Grounds Five, Six, and Seven, which are included as additions to English’s Petition. (ECF No. 1
at 15.) In light of the respondent’s motion requesting that English’s Petition be dismissed with
prejudice and the respondent’s failure to address these issues, the respondent shall have fourteen days
in which to supplement his Return and Memorandum of Law to address Grounds Five, Six, and

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Seven. Further, English shall have thirty days from the date of the respondent’s supplement to file
a supplemental response in opposition to summary judgment, if he so desires.
IT IS SO ORDERED.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
October 9, 2013
Columbia, South Carolina

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