Terry v. Byars

Filing 160

ORDER: The Court therefore ORDERS that the deadlines of 28 U.S.C. § 2266(b)are extended by one THIRTY (30) DAY period to July 16, 2019. Signed by Honorable Richard M Gergel on 05/24/2019. (dsto, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Gary DuBose Terry,

Civil Action No. 4:12-cv-1798-RMG

Petitioner,
v.
Bryan P. Stirling, Agency Director, South
Carolina Department of Corrections, and
Willie D. Davis, Warden of Kirkland
Reception and Evaluation Center,

28 U.S.C. § 2266 THIRTY DAY
EXTENSION ORDER

Respondents.

This matter comes before the Court on the the Report and Recommendation ("R & R") of
the Magistrate Judge (Dkt. No. 142). 28 U.S.C. § 2266(b)(l)(A) requires, as applicable here, a
final determination on any application for a writ of habeas corpus within "60 days after the date
on which the case is submitted for decision .... " The case was submitted for decision on April 17,
2019, as of the Respondents filing their Objections to the R & R. (Dkt. No. 154; 157.) The case
must therefore be decided by June 16, 2019. However, the Court finds that the ends of justice
would be served by delaying the final determination in this case by thirty (30) days, as permitted
under 28 U.S.C. § 2266(b)(l)(C)(i). Specifically, the Court finds that given the complexity of the
case, which involves a multi-thousand page record, a one hundred and forty-four page R & R, over
seven years of briefing by the Parties, and complex questions of constitutional law regarding
ineffective assistance of counsel, failure to allow the delay would be likely to result in a
miscarriage of justice and may mandate the "hasty and unreasoned judicial decision making" that
Congress sought to avoid with 28 U.S.C. § 2266(b)(l)(C). Gray-Bey v. United States, 201 F.3d
866, 870 (7th Cir. 2000). The Court therefore ORDERS that the deadlines of28 U.S.C. § 2266(b)
are extended by one THIRTY (30) DAY period to July 16, 2019.

AND IT IS SO ORDERED.

May ~{, 2019
Charleston, South Carolina

Richard M. Gergel
United States District Court Judge