Rouse v. McCall

Filing 66

ORDER denying 65 Motion for Reconsideration. Signed by Honorable David C Norton on 2/15/2013.(eric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

GLENN A. ROUSE, #263004,

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Petitioner,
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vs.
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MICHAEL MCCALL, WARDEN, PERRY )
CORRECTIONAL INSTITUTION,
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Respondent.
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____________________________________)

C/A No.: 6:11-cv-734 DCN

ORDER

This matter is before the court pursuant to petitioner’s Motion for Reconsideration of the
Order affirming the Magistrate Judge’s Report and Recommendation, and granting the Motion for
Summary Judgment. This motion was filed on February 8, 2013.
Petitioner argues in his motion that the order stated his objections were not timely filed on
July 26, 2012. Although the objections were not received in the Clerk’s Office until July 30,
2012, they are considered timely filed because they were received by the mailroom at Perry
Correctional Institution on July 26, 2012, the date objections to the Report and Recommendation
were due. Indeed, the order stated that objections were timely filed on July 30, 2012. Petitioner’s
objections were considered by the undersigned. It is therefore
ORDERED, that the plaintiff’s Motion for Reconsideration is DENIED.
AND IT IS SO ORDERED.

David C. Norton
United States District Judge
February 15, 2013
Charleston, South Carolina