Hayes v. South Carolina Dept Corr

Filing 41

FINAL ORDER RULING ON REPORT AND RECOMMENDATION: The Court issues this final order (1) ADOPTING the R & R of the Magistrate Judge (Dkt. No. 32 ) as the order of the Court; (2) GRANTING the writ of habeas corpus; and (3) DIRECT ING the restoration of Petitioner's direct appeal rights and appointment of counsel. This grant of the writ of habeas corpus does not affect Petitioner's current incarceration status during the pendency of the appeal. Signed by Honorable Richard M Gergel on 06/30/2015. (dsto, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Favian A. Hayes,
Petitioner,
vs.
Warden, Lee Correctional Institution,
Respondent.

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C.A. No. 4: 14-3778-RMG

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ORDER

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By earlier order (Dkt. No. 35), Respondent was advised that unless Petitioner's request
for the restoration of direct appeal rights and appointment of counsel was voluntarily granted
within 10 days of the order, this Court would grant the petition for a writ of habeas corpus and
the requested relief. The Respondent timely filed a response indicating that it would be
necessary for the Court to grant the requested relief in order to restore Petitioner's appellate
rights. (Dkt. No. 38). Therefore, the Court issues this final order (1) ADOPTING the R & R of
the Magistrate Judge (Dkt. No. 32) as the order ofthe Court; (2) GRANTING the writ of habeas
corpus; and (3) DIRECTING the restoration of Petitioner's direct appeal rights and appointment
of counsel. This grant of the writ of habeas corpus does not affect Petitioner's current
incarceration status during the pendency of the appeal.

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AND IT IS SO ORDERED.

United States District Judge

June30,2015
Charleston, South Carolina

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