Bowers v. Cartledge

Filing 35

ORDER re 33 Petition for Writ of Habeas Corpus filed by James Bowers. It is ORDERED that the Clerk of Court shall strike petitioner's pro se amended petition from the docket. The Clerk of Court is also directed to mail the petitioner the court's September 23, 2014, Order appointing him counsel in this matter. It is further ORDERED that counsel for the petitioner shall file the proposed pleading as granted by the court's October 27, 2014, Order as an Amended Petition on or before November 10, 2014. Modified to edit docket text on 11/4/2014 (gmil).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Bowers,

)
)
Petitioner,
)
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v.
)
)
Leroy Cartledge,
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)
Respondent.
)
_____________________________________ )

C/A No. 0:14-358-RMG-PJG

ORDER

Petitioner James Bowers initially filed this action pro se seeking a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. By order issued September 23, 2014, the court appointed Matthew
Nickels, Esquire, as counsel for the petitioner. (ECF No. 23.) It appears from review of the
electronic docket that this Order was not mailed to the petitioner by the Clerk of Court.
On October 23, 2014, counsel for the petitioner filed a consent motion seeking to file an
amended petition for a writ of habeas corpus, which was granted by Docket Text Order on October
27, 2014. (ECF Nos. 31 & 32.) As of the date of this Order, no amended petition has been filed by
counsel for the petitioner. Instead, the petitioner submitted a pro se amended petition, which was
docketed by the Clerk of Court as an Amended Petition.
The court notes that the petitioner’s submission was not approved by the court. In light of
the probability that the petitioner was unaware of his appointment of counsel, the court hereby
advises the petitioner that he has been appointed counsel in this case, and any future filings or
communications should come through counsel. It is hereby

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ORDERED that the Clerk of Court shall strike petitioner’s pro se amended petition from
the docket. The Clerk of Court is also directed to mail the petitioner the court’s September 23, 2014
Order appointing him counsel in this matter. It is further
ORDERED that counsel for the petitioner shall file the proposed pleading as granted by the
court’s October 27, 2014 Order as an Amended Petition on or before November 10, 2014.
IT IS SO ORDERED.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
November 4, 2014
Columbia, South Carolina

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