Frazier v. McCall

Filing 14

ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 11/29/2012. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Willie Frazier, #219272,
a/k/a Willie Bernard Frazier,
Petitioner,

vs.
Warden McCall,
Respondent.

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) C/A No. 4:12-2712-MGL-TER
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Order
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This is an action seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner is a
prisoner. Therefore, in the event that a limitations issue arises, Petitioner shall have the benefit of
the holding in Houston v. Lack, 487 U.S. 266 (1988) (prisoner's pleading was filed at the moment
of delivery to prison authorities for forwarding to District Court). Under Local Civil Rule
73.02(B)(2) of the United States District Court for the District of South Carolina, pretrial
proceedings in this action have been referred to the assigned United States Magistrate Judge. By
Order dated October 25, 2012, Petitioner was given a specific time frame in which to bring this case
into proper form. Petitioner has complied with the Court’s Order, and this case is now in proper
form.
PAYMENT OF THE FILING FEE:
Petitioner has paid the full filing fee (Receipt No. SCX400008219).
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2254 Petition upon Respondent because the Petition
is subject to dismissal.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
November 29, 2012
Florence, South Carolina