Bryant v. Byars et al

Filing 113

ORDER denying Petitioner's § 2254 petition with prejudice. Signed by Honorable Bruce Howe Hendricks on 5/26/2021. (lbak)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
James N. Bryant, III,

Civil Action No. 1:13-2665-BHH

)
)
Petitioner, )
vs.
)
)
Bryan P. Stirling, Commissioner,
)
South Carolina Department of
)
Corrections; Warden, Kirkland
)
Correctional Institution,
)
)
Respondents. )

ORDER

On March 19, 2019, the Court entered an Opinion and Order granting in part
Petitioner James N. Bryan, III’s (“Petitioner”) amended petition for writ of habeas corpus
and vacating his death sentence. (ECF No. 94.)
On May 24, 2021, the Fourth Circuit Court of Appeals entered a Published Opinion
reversing this Court’s rulings on Petitioner’s claims relating to Juror 342, and otherwise
affirming. (ECF No. 112.) The Fourth Circuit remanded the case to this Court with the
instruction to deny Petitioner’s application for habeas relief under 28 U.S.C. § 2254 with
prejudice. (Id. at 29.)
Accordingly, the Court hereby DENIES Petitioner’s § 2254 petition with prejudice.
IT IS SO ORDERED.
/s/ Bruce Howe Hendricks
United States District Judge
May 26, 2021
Charleston, South Carolina

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