McMath v. Bannum Inc et al
ORDER: Within ten (10) days of the date of this Order, Petitioner is hereby directed to file with the Clerk of Court additional information to effect service of process on Respondent, Bannum Inc. Signed by Magistrate Judge Thomas E Rogers, III on 06/01/2017. (dsto, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Heys Edward McMath, III,
) C/A No. 4:17-1219-JMC-TER
Bannum Inc. d/b/a Bannum Place,
Federal Bureau of Prisons,
This is an action seeking habeas relief. Petitioner is a federal prisoner previously under home
confinement. Under Local Civil Rule 73.02(B)(2) of the United State District Court for the District
of South Carolina, pretrial proceedings in this action have been referred to the assigned United
States Magistrate Judge. Petitioner paid the filing fee. (ECF No. 1).
On May 15, 2017, the court authorized service of process by the Clerk pursuant to Rule 4 of
the Rules Governing Section 2254 cases.1 The registered mail addressed to Respondent Bannum
Inc., through its registered agent for service of process, Barbara Moses, at 1219 W Evans St.,
Florence, SC 29501, according to the information contained in the Petition, was returned as
“undeliverable due to no mail receptacle.”
Federal Rule of Civil Procedure Rule 4 applies to habeas cases under Rule 81(a)(4)(A) of
the Federal Rules of Civil Procedure to the extent that the practice in such proceedings “is not
specified in a federal statute, [or] the Rules Governing Section 2254 Cases . . . .” The providing of
sufficient, accurate, and complete information for service upon the Respondent Bannum Inc. is the
responsibility of Petitioner. Accordingly, within ten (10) days of the date of this Order, Petitioner
is hereby directed to file with the Clerk of Court additional information to effect service of process
on Respondent Bannum Inc. See e.g. F.R.C.P. Rule 4.
IT IS SO ORDERED.
s/ Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
June 1, 2017
Florence, South Carolina
The Rules Governing Section 2254 Cases may be applied in habeas actions filed
pursuant to 28 U.S.C. § 2241. Rule 1(b) of the Rules Governing Section 2254 Cases states a
“district court may apply any or all of these rules to a habeas corpus petition not covered by Rule
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