Terry v. Reynolds

Filing 10

ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Signed by Magistrate Judge Shiva V Hodges on 9/26/2012. (abuc)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Leroy Terry, #119520,
Petitioner,
vs.
Cecilia R. Reynolds, Warden,
Respondent.
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C/A No. 1:12-2094-MGL-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 August 6, 2012, 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).
[Entry #6]. Petitioner has not 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.

September 26, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge