White v. Cartedge et al

Filing 24

ORDER reversing 20 Report and Recommendation,and remanding to Magistrate Judge for consideration of petitioner's response to respondent's motion for summary judgment. Signed by Honorable David C Norton on 7/15/2015.(eric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Gary A. White, Jr.,

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Petitioner,
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vs.
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Warden Larry Cartledge,
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Respondent.
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____________________________________)

C/A No.: 1:15-cv-0365 DCN SVH

This matter is before this court pursuant to petitioner’s Objection to the Report and
Recommendation of the Magistrate Judge. This objection was filed on July 13, 2015. In the
Magistrate Judge’s Report and Recommendation, she recommends dismissing with prejudice the
this action for failure to prosecute. In his objection, petitioner includes a copy of his response to
the motion for summary judgment dated June 9, 2015, along with a copy of the affidavit of
service on respondent dated June 9, 2015. It is therefore
ORDERED that the Report and Recommendation be reversed and the case be remanded
to the Magistrate Judge for consideration of petitioner’s response to respondent’s motion for
summary judgment, which is included as a supporting document in his objections filed July 13,
2015.
AND IT IS SO ORDERED.

_____________________________
David C. Norton
United States District Judge
July 15, 2015
Charleston, South Carolina