Terry v. Byars

Filing 161

ORDER: The Thirty Day Extension Order (Dkt. No. 160 ) is VACATED. Signed by Honorable Richard M Gergel on 06/10/2019. (dsto, )

Download PDF
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. ORDER Bryan P. Stirling, Agency Director, South Carolina Department of Corrections, and Willie D. Davis, Warden of Kirkland Reception and Evaluation Center, Respondents. Subsequent to issuing its Order granting an extension under 28 U.S.C. § 2266 (Dkt. No. 160), the Court has determined that the provisions regarding expedited habeas corpus proceedings in § 2266 do not apply in South Carolina. Specifically, for the time-limits in§ 2266 to apply, the Attorney General of the United States must certify that a state has established certain standards regarding appointment of counsel as set out in 28 U.S.C. § 2261. See§ 2261(b). As of the date of this Order, the Attorney General has not issued a certification to South Carolina. Therefore, the Thirty Day Extension Order (Dkt. No. 160) is VACATED. AND IT IS SO ORDERED. United States District Court Judge June lo , 2019 Charleston, South Carolina

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?