Browning v. Mansukhani

Filing 28

ORDER declining to adopt the 21 Report and Recommendation and recommitting the matter to the Magistrate Judge for further proceedings. Signed by Honorable Richard M. Gergel on 3/9/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

ROCK HILL DIVISION

Thomas W. Browning,
Petitioner,

v.
A. Mansukhani, Warden Federal

Correctional Institution - Estill,
Respondent.

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Civil Action No. 0: 16-3237-RMG

ORDER

This matter is before the Court on the Report and Recommendation of the Magistrate
Judge, recommending dismissal of Petitioner's habeas petition with prejudice for lack of
prosecution. The basis for the Magistrate Judge's recommendation is Petitioner's failure to
respond to Respondent's motion to dismiss. On March 8, 2017, the United States Attorney's
Office informed the Court that Petitioner sent his response to the motion to dismiss to the
Government rather than to the Court. Petitioner's response to the motion dismiss is now docketed.

It is impossible to tell when Petitioner mailed his response, but the U.S. Attorney received it on
January 30, 2017 (see Dkt. No. 26-2 at 2), so it was timely under the Court's order of January 26,
2017, which extended the time for a response to February 9, 2017.

The Court therefore

DECLINES TO ADOPT the Report and Recommendation (Dkt. No. 21) and RECOMMITS

this matter to the Magistrate Judge for further proceedings.
AND IT IS SO ORDERED.

Richard Mar ergel
United States District Court Judge

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March
2017
Charleston, South Carolina
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