Jones v. South Carolina, State of

Filing 19

ORDER directing Clerk not to authorize service. Signed by Magistrate Judge Shiva V Hodges on 01/20/2012. (ttil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Larry Darnell Jones II, #313549,
Petitioner,
vs.
State of South Carolina,
Respondent.

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C/A No.: 1:11-2476-TMC-SVH

ORDER

This is an action seeking habeas corpus relief pursuant to 28 U.S.C. § 2254.
Petitioner is a prisoner. Therefore, in the event that a limitations issue arises, Petitioner
shall have the benefit of the holding in Houston v. Lack, 487 U.S. 266 (1988) (prisoner’s
pleading was filed at the moment of delivery to prison authorities for forwarding to
District Court). Under Local Rule 73.02(B)(2) (D.S.C.), pretrial proceedings in this
action have been referred to the assigned United States Magistrate Judge. By order dated
November 15, 2011, Petitioner was given a specific time frame in which to show cause
why his petition should not be dismissed based on the application of the one year
limitation period established by 28 U.S.C. § 2244(d). Petitioner has responded to the
court’s order, and this case is subject to summary dismissal at this time.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2254 petition upon Respondent because
the petition is subject to dismissal.

IT IS SO ORDERED.

January 20, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge