Owens v. Stirling et al

Filing 197

ORDER granting 196 Motion for Extension of Time to file Objections to the Report and Recommendation. (Respondent's objections to R&R due by 2/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Chief Judge Terry L. Wooten on 1/26/2018. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Freddie Owens,

Case No. 0:16-cv-02512-TLW-PJG

PETITIONER
v.
Bryan P. Stirling, Commissioner, South
Carolina Department of Corrections; Joseph
McFadden, Warden, Lieber Correctional
Institution,

Order

RESPONDENTS

This matter is before the Court on Respondents’ unopposed motion for a 21-day extension
of time to file objections to the Report and Recommendation (R&R) in this case. ECF No. 196.
The R&R was filed on January 12, 2018, making objections due on January 26, 2018. In light of
the complexity and high stakes of this case, the thoroughness of the R&R, and the lack of objection
from Petitioner, Respondents’ motion for a 21-day extension is GRANTED. Accordingly,
Respondents’ new deadline to file objections is Friday, February 16, 2018. In light of the statutory
time constraints imposed on capital habeas petitions, the Court will not be inclined to grant any
further extension requests absent compelling circumstances.1

1

Pursuant to 28 U.S.C. § 2266(b)(1)(A), a capital habeas petition must be decided by the earlier
of 60 days after it is submitted for decision or 450 days after the petition was filed (plus a single
30-day extension permitted by § 2266(b)(1)(C)(i)). In this case, the petition was filed on July 11,
2016 and it was stayed from October 18, 2016 to April 27, 2017 (192 days). Thus, by the Court’s
calculation, the 450-day period runs on or about Monday, April 14, 2018, and the 450-day period
with a 30-day extension runs on or about May 14, 2018.
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IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
January 26, 2018
Columbia, South Carolina

2