Wood v. Byars

Filing 112

ORDER continuing the stay of the instant habeas action and directing the parties to inform the court within five (5) days of the conclusion of the PCR action in state court. IT IS FURTHER ORDERED that the parties shall continue to submit status reports to the court every ninety (90) days. Signed by Magistrate Judge Paige J. Gossett on 7/27/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
John R. Wood,

)
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Petitioner,
)
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v.
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William R. Byars, Jr. , Commissioner, South )
Carolina Department of Corrections;
)
Wayne C. McCabe, Warden, Lieber
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Correctional Institution,
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Respondents.
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_____________________________________ )

C/A No. 0:12-cv-3532-DCN-PJG

ORDER
(DEATH PENALTY CASE)

By Order filed October 23, 2013, this action was stayed pending the outcome of Petitioner’s
state post-conviction relief action. (See ECF No. 93.) At that time, Petitioner was directed to inform
the court within five (5) days of the state PCR court’s ruling in order for this court to address the
status of the stay. Id.
On July 22, 2016, Respondents filed a status report advising this court that the state PCR
court had granted Respondents’ motion for summary judgment in the pending PCR action. (ECF
No. 109.) Respondents attached a copy of the order dismissing the PCR action to the status report.
(ECF No. 109-1.)
Thereafter, on July 26, 2016, Petitioner submitted a status report indicating that he intends
to file a motion to alter or amend the judgment once the order is filed.1 (ECF No. 110.) Petitioner

1

The docket for Petitioner’s pending PCR action (2013-CP-23-5190), which can be found
on the 13th Circuit Judicial Circuit Public Index, shows that an order granting Respondents’ motion
for summary judgment and dismissing the PCR action was filed with the court on July 25, 2016.
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further indicated in his status report that he will file an appeal should his motion to alter or amend
be denied. (ECF No. 110.)
In light of the continuing proceedings in Petitioner’s state PCR action, it is hereby
ORDERED that the stay of the instant habeas action be continued. The parties are directed
to inform this court within five (5) days of the conclusion of the PCR action in state court. The
parties should also continue to submit status reports to the court every ninety (90) days.
IT IS SO ORDERED.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
July 27, 2016
Columbia, South Carolina

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