Bryant v. Byars et al

Filing 95

JUDGMENT accepting in part the US Magistrate's Report and Recommendation, granting in part Respondents' motion for summary judgment, granting in part Petitioner's amended petition and vacating the death sentence. (lbak)

Download PDF
AO 450 (SCD 04/2010) Judgment in a Civil Action UNITED STATES DISTRICT COURT for the District of South Carolina James N Bryant,III, Petitioner v. Warden Lieber Correctional Institution; Bryan Stirling. Respondent ) ) ) ) ) Civil Action No. 1:13-cv-02665-BHH JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): ’ the petitioner (name) recover from the respondent (name) the amount of dollars ($ ), which includes prejudgment interest at the rate of %, plus postjudgment interest at the rate of %, along with costs. ’ the petitioner recover nothing, the action be dismissed on the merits, and the respondent (name) recover costs from the petitioner (name) . O other: Summary Judgment is entered for the respondents as to Grounds four through nine, Grounds three and ten are dismissed as moot, the petitioner’s amended petition is granted as to Grounds one and two, and the death sentence is vacated. IT IS FURTHER ORDERED/SUGGESTED that a resentencing trial in State court occur within sixty (60) days or as soon as practical thereafter. This action was (check one): ’ tried by a jury, the Honorable ’ tried by the Honorable presiding, and the jury has rendered a verdict. presiding, without a jury and the above decision was reached. O decided by the Honorable Bruce Howe Hendricks, United States District Judge, presiding, accepting in part the Report and Recommendation of the Honorable Shiva V. Hodges, United States Magistrate Judge, granting in part and denying in part Respondents’ motion for summary judgment, and granting Petitioner’s amended petition in part. Date: March 20, 2019 ROBIN L. BLUME, CLERK OF COURT s/L. Baker Signature of Clerk or Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?