Stanko v. Stirling et al

Filing 35

SCHEDULING ORDER (Amended Petition due by 8/4/2020, Further Amended Petition due 10/30/2020, Return due by 12/18/2020, Motions due by 12/18/2020, Response to Return due by 2/18/2021, Reply to Petitioner's Response due by 3/4/2021.) Signed by Magistrate Judge Shiva V. Hodges on 7/17/2020. (lbak)

1:19-cv-03257-RMG-SVH

Date Filed 07/17/20

Entry Number 35

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Stephen C. Stanko,
Petitioner,
v.
Bryan P. Stirling and Michael
Stephan,
Respondents.

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No.: 1:19-3257-RMG-SVH

SCHEDULING ORDER

On July 14, 2020, the court and parties informally discussed an agreement
formed by the parties in light of the pandemic concerning Petitioner’s contemplated
amendments on August 4, 2020 and October 30, 2020, and further discussed
scheduling of the pleadings and responses in the above captioned matter. On July
16, 2020, the parties filed notice of the agreement. [ECF No. 34]. As a result of the
July 14 discussion and with the benefit of the filed agreement, the court sets out the
following schedule:
1. Petitioner shall file an amended petition no later than August 4, 2020.
Should Petitioner intend to raise any claims or sub-claims by reliance
on Martinez v. Ryan, 566 U.S. 1 (2012), he need only reflect a basic
assertion of the allegation.
2. Petitioner shall have until October 30, 2020, to further amend his
petition to expand the basis for his reliance on Martinez v. Ryan and any
related claims or sub-claims for relief.
3. Respondents shall not file a response or other motion until after the final
amendment of the petition to be filed on or before October 30, 2020.
Respondents shall file the return and any dispositive motions on or
before December 18, 2020.
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1:19-cv-03257-RMG-SVH

Date Filed 07/17/20

Entry Number 35

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4. Petitioner shall have until February 18, 2021, to file a response to
Respondents return and any dispositive motions.
5. Respondents shall file a reply to Petitioner’s response on or before March
4, 2021.
The court does not anticipate modification of the foregoing dates.

IT IS SO ORDERED.

July 17, 2020
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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