Hunter v. South Carolina Department of Public Safety

Filing 21

ORDER STAYING CASE and granting 20 Amended MOTION to Stay. Upon his return, Plaintiff is directed to advise the court immediately, no later than November 27, 2017. Signed by Magistrate Judge Shiva V Hodges on 1/18/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Philip Hunter,
Plaintiff,
vs.
South Carolina Department of Public
Safety,
Defendant.

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C/A No.: 3:16-524-MBS -SVH

ORDER

This matter comes before the court on Plaintiff’s motion to stay proceedings in
this matter pursuant to the Servicemembers Civil Relief Act, 50 U.S.C. § 3901, et seq.
(“SCRA”). [ECF No. 20]. The SCRA provides that the court shall grant a stay of civil
proceedings in cases where the application includes the following:
(A) A letter or other communication setting forth facts stating the manner in
which current military duty requirements materially affect the
servicemember’s ability to appear and stating a date when the
servicemember will be available to appear.
(B) A letter or other communication from the servicemember’s
commanding officer stating that the servicemember’s current military duty
prevents appearance and that military leave is not authorized for the
servicemember at the time of the letter.
50 U.S.C. § 3932(b)(2). Plaintiff’s motion states that he reported to his deployment in Ft.
Bliss in Texas beginning December 5, 2016, for a period not to exceed 353 days. [ECF
No. 20]. Plaintiff also submitted his orders demonstrating his deployment. [ECF No. 201]. Pursuant to the SCRA, the undersigned grants Plaintiff’s motion for a stay. Upon his

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return, Plaintiff is directed to advise the court immediately, and no later than November
27, 2017.
IT IS SO ORDERED.

January 18, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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