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, )

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