Bryant v. Byars et al

Filing 117

Order Vacating 114 Amended Judgment, Order reinstating this action and ORDER reinstating its original 95 Judgment accepting in part the U.S. Magistrate Judge's Report and Recommendation, granting in part Respond ents' motion, for summary judgment, granting in part Petitioner's amended § 2254 petition, and vacating the death sentence. Signed by Honorable Bruce Howe Hendricks on 11/15/2021. (lbak) Modified on 11/16/2021to correct filed and signature dates. (lbak)

1:13-cv-02665-BHH

Date Filed 11/15/21

Entry Number 117

Page 1 of 2

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.) In accordance with this instruction, on May 26, 2021, the Court
denied Petitioner’s § 2254 petition with prejudice. (ECF No. 113.)
On November 15, 2021, after rehearing en banc, the Fourth Circuit issued a per
curiam opinion vacating the panel opinions in Bryant v. Stephan, 998 F.3d 128 (4th Cir.
2021), and affirming the original judgment of this Court. Accordingly, the Court hereby
vacates its own amended judgment dismissing this action with prejudice (ECF No. 114),
reinstates this action, and reinstates its original judgment accepting in part the U.S.
Magistrate Judge’s Report and Recommendation, granting in part Respondents’ motion
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1:13-cv-02665-BHH

Date Filed 11/15/21

Entry Number 117

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for summary judgment, granting in part Petitioner’s amended § 2254 petition, and
vacating the death sentence (ECF No. 95).
IT IS SO ORDERED.
/s/ Bruce Howe Hendricks
United States District Judge
November 15, 2021
Charleston, South Carolina

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