Clark v. Cartledge

Filing 31

ORDER granting 30 MOTION for Extension of Time filed by Keith Alan Clark. Objections to R&R due by 3/17/2014. Signed by Chief Judge Terry L Wooten on 2/19/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Keith Alan Clark,
Petitioner,
vs.
Larry Cartledge, Warden Perry
Correctional Inst.,
Respondent.

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Civil Action No.: 0:13-00351-TLW

ORDER
This matter is now before the Court on Motion for Extension filed by the pro se
Petitioner, Keith Alan Clark (“Plaintiff”), on February 10, 2014.1 (Doc. #30). In his motion, the
Petitioner seeks an extension of time to file his objections to the Report and Recommendation
entered in this matter on February 3, 2014. (Doc. #28).
After careful consideration and for good cause shown, IT IS ORDERED that
Petitioner’s motion for extension of time (Doc. #30) be and hereby is GRANTED. Accordingly,
the deadline for Petitioner to file objections to the Report and Recommendation in the abovecaptioned matter is now March 17, 2014.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
February, 19, 2014
Columbia, South Carolina

1

Petitioner is entitled to the application of the mailbox rule set forth in Houston v. Lack, 487 U.S. 266,
276 (1988), which provides that a filing made by a prisoner is considered filed at the moment of delivery
to prison authorities for forwarding to the District Court. Accordingly, although the motion for extension
of time was not filed by the Clerk until February 18, 2014, pursuant to Houston v. Lack, Petitioner’s
motion for extension of time is deemed to have been filed on February 10, 2014. (See Doc. #30-1 at 1).