Owens v. Stirling et al

Filing 146

ORDER LIFTING STAY Signed by Magistrate Judge Paige J. Gossett on 4/27/2017. (bgoo)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Freddie Owens, ) ) Petitioner, ) ) v. ) ) Bryan P. Stirling, Commissioner, South ) Carolina Department of Corrections; ) Joseph McFadden, Warden, Lieber ) Correctional Institution, ) ) Respondents. ) _____________________________________ ) C/A No. 0:16-2512-TLW-PJG ORDER (DEATH PENALTY CASE) The petitioner in this capital habeas corpus matter, Freddie Owens (“Petitioner”), is a state prisoner convicted of murder, armed robbery, and conspiracy and sentenced to death. This matter is before the court on Respondents’ Motion to Lift Stay of Proceedings (ECF No. 138). On October 18, 2016, this court stayed these federal habeas proceedings, pending the resolution of Petitioner’s second Post-Conviction Relief Application in state court. (ECF No. 124). On April 13, 2017, Respondents informed this court that Petitioner’s state court action has been dismissed and moved to lift the stay in these proceedings. (ECF No. 138). On April 27, 2017, Petitioner responded in support of Respondents’ motion. (ECF No. 145). Accordingly, Respondents’ Motion to Lift Stay of Proceedings (ECF No. 138) is GRANTED. IT IS SO ORDERED. ____________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE April 27, 2017 Columbia, South Carolina Page 1 of 1

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