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, )

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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

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