Pinckney v. McCall

Filing 38

ORDER denying 37 Motion for Subpoenas. Signed by Magistrate Judge Shiva V Hodges on 4/16/2012.(abuc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Quantis Pinckney, Petitioner, vs. Michael McCall, Warden, Respondent.   ) ) ) ) ) ) ) ) ) C/A No.: 1:11-3466-RMG-SVH ORDER Petitioner, proceeding pro se and in forma pauperis, filed this petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter comes before the court upon Petitioner’s motion for subpoena [Entry #37]. Pursuant to the provisions of 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.), all pretrial proceedings have been referred to the undersigned. Petitioner’s motion asks the court to complete and issue a subpoena compelling his state criminal defense attorney, Charlie J. Johnson, Jr. (“Johnson”), to provide him with his complete case file. Petitioner further asks the court to determine Attorney Johnson’s current address for the subpoena. The court finds that a subpoena is not the proper vehicle for Petitioner to obtain his case file from his former attorney, therefore, Petitioner’s motion for subpoena [Entry #37] is denied. IT IS SO ORDERED. April 16, 2012 Columbia, South Carolina   Shiva V. Hodges United States Magistrate Judge

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